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Barnes  JE. 


'mi 


THE 

WILLIAM  R.  PERKINS 

LIBRARY 

OF 


DUKE  UNIVERSITY 


Class ^^S^m'^'.^ _„„ 

Book 18.63. - /.,i>^, 

Au^.-Nov. 


368381 


\      * 


Digitized  by  the  Internet  Archive 
in  2010  with  funding  from 
Duke  University  Libraries 


http://www.archive.org/details/actsofcalledsesOOalab 


ACTS  • 


OF  THE 

CALLED  SESSION,  18G3.     " 

IND  OF  THE 

THIRD    IlEGULAR  ANNUAL    SESSION 

OF  TIIF 

GENERAL  ASSEMBLY  OF  ALABAMA, 

HELD  IN  TIIK  ^ 

OITY    OF    3£0J\TG^0>1:EI^Y, 

commencing  on  the 
ITth  day  op  August  ixd  the  2d  Monday  in  November, 

1S63. 


JOHN  GILL  SHC>HTJ:H,  Governor  until  l>oo.  Ist,  l-^GJ. 

THOMAS  H.  WATTS,  Go-reriaor. 

WALTKU  H.  CliKNSHAW.SpaJiker  House  Kepresentayve.s. 

ROBKllT  JKMISON,  Jr.,  President  ol  the  Senate  until  Aus.  84, 18G3. 

THOMAS  A.  WALKKIl,  President  oi  the  Senate. 


MONTGOMERY,  ALA.: 

SAFKOLD  k  FIGURES,  STATE  PRINTERS. 

1864. 


PRINTED  AT  THE  MONTGOMKRY  MAIL  JOB  OFTICK. 


LAWS  OF  ALABAMA: 


ACTS  OF  THE  CALLED  SESSION. 


No.  1.]  AN  ACT 

To  Reorganize  the  Militia  of  the  St'ite  of  Alabama. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of 
Hepresentatives  of  the  State  of  Alabajna  in  Oene-  al  Assem- 
Uy  convened.  That  each  county  in  the  State  shall  consti- 
tute a  separate  militiiry  district,  and  it  shall  be  the  duty 
of  the  Governor,  ns  soon  as  practicable  after  the  passage 
of  this  jict,  to  appoint  a  special  Aid-de-Camp  in  each  dis- 
trict who  ^hall  be  charged  with  the  duties  hereinafter  set 
forth. 

Sec.  2.     Be  it  further  enacted.  That  within  four  days 
after  being  notified  of  his  appointment,  it  shall  be  the  Eommernioa. 
duty  of  each  special  aid  to  commence  the  enumeration 
of  all  free  white  males  resident  of  iiitj  county,  who  are 
or  shall  bo  of  the  ago  of  sixteen  years  and  not  over  sixty 
years  of  age,  except  those  who  shall  actually  be  in  the 
army  or  navy  of  the  Confederate  States.     The  enumera- 
tion shall  be  by  beats,  and  shall  show  the  age  and  occu- 
pation of  each  person  enumerated,  the  number  of  the 
beat  in  which  he  may  reside,  and   if  arty   exemption   is 
claimed,  the  ground  of  it.     For  the  purpose  of  facilitat-Aide  to  appomi 
ing  the  enumeration,  the  special  aid  shall  be  authorized  **"*'*°'* 
to  employ  three  or  more  assistants,  who  shall  receive  for 
their  services  compensation  at  the  rate  of  fiftv  cent^  for 
each  person  enumerated  by  them.     For  a  fadure  faith- 
fully to  discharge  their  duties  without  a  sufficient  excuse,  ^J^"''  ''*  **" 
to  be  judged  of  by  the  Governor,  the  assistant  enumer* 


1863.  ,i- 

atiuix  oOicer  s'luill  I'oribit-  all  coiiipeii.sation,  «uul  .^liall  ii) 
addition  be  g'uiity  of  a  inisdcuit'auor,  upon  conviction  of' 
wliicli,  they  sliall  l;o  Ihicd  not  less  tlian  one  hundred  dol- 
hirt,  and  imprisoned  in  the  county  jail  not  less  than  on,e 
nor  longer  than  nine  months,  at  the  discretion  of  the  jury 
trying  the  same. 

Sec.  3.     Be  it  further   rnacied,  That    it   shall   he  the 

*»»<«■  duty  of  tiie  special  aid  withni  live  d<vys  after  the  enu- 

menft^ion  has-  been  l-onjpleted  in  hii  county, '  to  divide 
the  entire  list  of  jjersons  «o  enurncfatcd  into  two  classes. 

daw  One.  Class  nuuibcr  one  shall  be  compOf^c^,  1st,  of  all  persons 

under  the  age  of  seventeenr-years  :  2d,  all  persons  over 
the  age  of  forty-five  years  :  3d,  all  officers  belonging  to 
the  executive,  kgislatiyji  or  judicial  depurtmcyts  of  the 

■  Confederate  States-of  America  and  of  tlie  State  of  Ala-- 
bama  :  and  4t-]i,  all  persons  who  shall  be  certified  by  a 
boa.rd  of  surgeons,  as  hercinai'ter  })rovided,  to  be  unfit 
for  service  in  the  second  iclaas  hereinafter  mentioned,  but 

a»M  Two  '^^  ^^^'  i^prvice  in  said  first  class.  Class  number  two  shall 
coT\sist  of  ii^l  enumeratqd  pcrsoiUf /except  those  enumer- 
ated in  class  number  one,  and  of  such  persons  in  class 
number  one  as  may  choo.-=e  .to  enumerate  themselves  in 
class  number  two,,  which  they  arc  authorized  to  do.  In 
all  cases  of  Vioubt  as  to  the  age  of  parties  who  may  be 
enumerated,  the  question  shall  bo  decided  by  the  special 
aid,  of  the  county,  upon  the  allidavit  of  the  person  whoso 
age  may  be  in  question, ^nd  upon  i^uch  other  evidenceas 

LiBt£  to  be  mad*,  ^^^.y  bo  <^dduced.  It  shall  be  the  duty  of  the  spedal  aid 
to  tile  one  copy  of  those  lists  in  the  oince  of  the  Probate 
Judge  of  his  county,  and  to  forward  duplicate  copioti  ^o 
the  office  ofi  the  Adjutant  General  of  the  militia.     The 

Beate  to  be  con- '^P^'^^'^^  '^^^  shall  iilso  be  cmpovvored  wlien  there  J'.re  but 

Boiidatod.  a  fov\*  persons  enumerated  in  a  particular  beat,  to  inco)'- 

porate  and  consolidate  two  or  more  adjacent  beats  into 
one,  and  to  define  the  boundaries  of  bGa,ts  when  they  ai*e 
not  jsufficientlydefinod  or  understood,  'Mid  provided,  that 
the  special  and  for  the  county  shall  be  empowered  far  the 
pur})oses  of  this  act,  to  define  said  beat  lines,  ajid  may 

■  combine  the  beats  when  in  liis  judgment  the  boats  so 
combined  shall  be  too  small  to  admit  of  organization  : 

ExeMptions.  Providcd  fwrthcr,  the  Governor  ma)'  exempt  any  ])drtion 
of!  the  State  irom  the  operation  of  this  act,  as  to  the  fir.st 
class,  whenever  he  thinks  proper,  and-  for  any  length. of 
time  he  deems  fit :  And  provided  further,  That  the  per- 
sons composing  the  first  class  named  in  this  act  residing 
in  the  first,  second  and  third, congressional  districts  ol 


1863. 

the  State,  be  and  ihe  same  are  hereby  exempted  from 
the  operations  of  'riiis  act :  And  provided  further,  Thai 
nothing:  contained  in  tlie  preoedintic  proviso. fihall  prevent 
the  eniHneration  of  the  persons  in  the  first  class. 

Sec.  4.     Be  it  further  emiHed,  Tiiat  the  special  aid  in     « 
each  connty    sliall.    as   soon  as   he   has   completed    the 
enumeration    and    classificiition    hereinbefore   provided 
for,  proceed  to  organize  the  two  classes   of  persons  so 
enumerated,  in  the   manner   following;,  to-wit :    He  shall 
issue  writs  of  election  to  the  Sheriff,  requiring  all  per- '''''"^"°"'' 
sons  embraced  in  class  nuaiber  two  %r>  hold  an  election 
on  a  day  specified  by  him,  not  more  than  ten  days  from 
the  issue  of  such  writs,  for  a  Comninndant  of  the  county 
corps  of  the    State   militia,   and    also,  at  the  sanle  time 
and    place,   an   election   for   the    Commandants   of  thfe 
Beat  squads  of  the  State  Militia.     He  shall,  at  the  same' 
time,  issue  writs  of  election   requiring  i\ll   persons  em- 
braced in  cla.^'s  number   one  to    liold   an   election   on  a 
day  specified   by   him    (which  shall  be  a  different  day     • 
from  that  on  which   the  election   is  held  by  class  num- 
l>er  two,  and  not  more  than  ten  days  from  ihe  issue  of 
such  writs),   for   a   County    Commandant  of  Reserves, 
and  also,  at  the   same   time  a*id  pl.-ice,  an  election  for 
Beat  Commamlants  of  'cserves.     The  election  shall  be 
held  in  the  same  mnnner,  and  iinder  the  kame  regula- 
tions as  govern  the   election  of  Representatives  in  the 
lower  House  of  the  State  Legisl.iture*:  Provided,  That  - 
no- one  sh.'dl  vote  at   said   elections   withotit  the  beat  in 
which   he  may   reside,   nud  no  person  embraced  in  one 
class  shall  be  allowed  to  vote  at  th"  election  for   Com- 
mandants of  the  other;  And  provided  further;  That  in ^,    . 
all  cases  of  a  tie,  tiie  casting  vote  shall  bo  giverl  by, the  ** '  ^^ 
Special  Aid  for   the   county.     The   return?*  of  all- elec'R,iurnii. 
tions  hereinbeforo  ordered,  8ha11  b(3  rnado  to  the  Speoift! 
Airl    for  the    connty,   who   shall   ascertain   and   report 
without   deliiy,   to    the    Gorernor    the    natnos  of    the 
oflicers  so  elected,  and  it  shall  lie  the  duty  of  thc-Crov- 
ernor  to  coilnmis^ion  tlio  offirers  so  reported   as  follows  :  '  »«•• 

Where  tlie  number  of  persons  enumerated  in  either  junk  of  otstirs. 
rla.sH  siiall  be  sii  hundred  or  upwards,' the  command'^ 
ant  shall  be  rbmrnissioned  as  ColoTtel ;  where  the  num- 
ber shall  be  four  hundred  find  le.-w  than  six  hundred', 
th<»  commandant  Rhall  be  commissioned  ks  Licutf^nant 
<  ■  fvliere  the  number  «haH  be  t^'o  hundred  and 

i'  I  four  hundred  tiic  coraioandHnt  shall  be  com* 

mi»ioned  a»  Major  ;  wh«ra  .t^iW  numlivr  is  eighty  add 


186a. 


6 


Kon-ootnmiB- 
•i<Nted  ofnc«r8 
Appointed. 


less  than  two  hundred,  the  commandant  shall  be  com- 
missioned as  Captain  ;  where  the  nnmber  is  forty  and 
less  than  eighty,  the  commandant  shall  be  commissioned 
as  First  Lieutenant ;  where  the  number  is  less  than 
forty,  the  commandant  shall  be  commissioned  as  Second 
Lieutenant.  Commandants  elected  by  class  number 
one  shall  be  commissioned  as  officers  of  County  Re- 
serves, and  commandants  elected  by  class  number  two 
shall  be  commissioned  a;s  officers  in  the  State  Militia  ; 
and  it  shall  be  the  duty  of  the  Special  Aid  in  each 
county,  in  returnijig  to  the  Governor  the  names  of  the 
officers  elected,  to  designate  the  class  to  which  they 
belong,  and  also  the  number  of  enumerated  persons  of 
that  class  embraced  in  the  command  of  each  officer. 
The  officers  elected,  when  commissioned,  shall  be  vested 
with  all  the  jmthority  appertaining  to  similar  rank  in 
the  present  militia  system  of  the  State.  Commandants 
shall  bo  authorized  to  appoint  the  non-commissioned 
officers  usually  appertaining  to  similar  commands,  that 
is  to  say,  in  commands  of  captains,  there  shall  be  four 
sergeants  and  four  corporals :  in  commands  of  first 
lieutenants,  two  sergeants  and  two  corporals  :  in  com- 
mands of  second  lieutenants,  one  sergeant  and  one  cor- 
poral. 

Sec.  5i  Be  it  further  enacted,  That  whenever  the 
Governor  shall  have  been  advised  that  the  organisations 
hereinbefore  provided  for  have  been  completed  in  any 
county,  and  the  officers  therein  elected  have  been  com- 
missioned, it  shall  be  his  duty,  within  ten  days  thereaf- 
ter, to  declare  the  militia  organization  theretofore  exist- 
ing in  said  county  under  the  Military  Code  of  Alabama 
suspended,  and  the  officers  under  said  organizations 
relieved  from  their  commands  during  the  continuance  of 
the  present  war  with  the  United  States,  and  the  officers 
in  said  organizations  shall  be  subject  to  all  the  military 
duties  imposed  by  this  act  tipon  persons  of  the  same 
age  with  themselves. 

Sec.  6.  Be  it  further  enacted,  That  the  duties  of  the 
«*  wmmiiBdlnir  8pe<^ial  aid  in  each  county  shall  cease  when  he  has  re- 
tnrned  to  the  Governor  the  names  of  the  officers  elected 
as  hereinbefore  provided  for,  and  ho  shall  be  entitled  to 
compensation  at  the  rate  of  five  dollars  per  day  for  the 
time  he  was  thus  employed.  For  a  failure  to  dischargo 
the  duties  herein  imposed  upon  him  with  promptness 
and  fidelity,  without  a  good  excuse  to  be  judged  of  by 
the  Governor,  the  special  aid  ghall  forfeit  all  compensa* 


8«lip«DBlOD  of 

miUUrj  code. 


Tana,  eompenu- 


T  1863, 

tion,  and  in  addition  shall  be  puilty  of  a  misdemeanor, 
upon  conviction  of  which  he  ^all  be  punished  by  fine 
of  not  less  than  one  hundred  dollars,  and  imprisonment 
in  the  county  jail  of  not  less  than  one  mcyith  nor  more 
than  nine  months,  at  the  discretion  of  the  jury  trying 
the  same. 

Sec.  7.  Be  it  further  enacted,  That  whenever  a  va- v»eMoi«,  how 
cancy  shall  occur  among  the  beat  commandants  either  of '"^•**- 
State  militia  or  county  reserves,  or  when  the  command- 
ant shall  fail  or  refuse  to  serve,  it  shall  be  the  duty  of 
the  county  commandant  of  the  class  in  which  the  va- 
cancy occurs,  within  five  days  after  ascertaining  such 
vacancy,  to  issue  writs  of  election  filling  such  vacancy, 
giving  the  same  notice  thereof  as  in  the  first  election. 
And  when  a  vacancy  shall  occur  in  the  office  of  county 
commandant  of  either  class,  or  when  the  commandant 
shall  fail  or  refuse  to  serve,  it  shall  be  the  duty  of  the 
Probata  Judge  of  the  county  to  issue  writs  of  election 
as  the  special  aid  was  required  to  do  in  the  first  election, 
and  in  all  cases  the  officers  ordering  the  election  shall  • 

give  the  casting  vote  in  case  of  a  tie. 

Sic.  8.     Be  it  further  enacted,  That   it  shall   be   the 
duty  of  the  commandant  of  each  class  in  each  beat  to  **' *'*''*■ 
keep  a  roll  of  all  persons  embraced  in  their  respective 
classes,  and  as  persons  may  arrive  at  or  pass  beyond  the 
ages  embraced  in  their  classes,  to  give  notice  thereof  to 
the  county  commandant,  and  also  to  notify  the  county 
commandant  when  any  person  shall  more  into  or  out  of 
their  respective  beats,  so  that  the  county  commandant 
shall  contmue  a  complete  enumeration  of  all  persons  of 
both  classes  in   their  respective  counties.     And  it  shall  ^^^ 
be  the  duty   of  the  county   commandants  of  the   State  eomauadMtt. 
militia,  once  in  three  months,  to  report  to  the  Adjutant 
General  of  militia  all  changes  which  may  have  occurred 
in  the  State  militia  of  their  respective  counties  since  the 
last  report. 

Sic.  9.  Be  it  further  enacted.  That  whenever,  in  the  _^^.^  ^., 
opmion  of  the  Governor  it  shall  be  necessary,  either  too»u«iiBUtti«' 
repel  invasion  or  soppreB*  insurrection,  or  execute  the 
laws,  to  call  the  State  militia  or  any  part  thereof  into 
Active  military  service,  he  shall  be  authorized  and  em* 
powered  to  do  so,  and  whenever  a  requisition  for  either 
of  these  purposes  nhall  be  made  upon  him  by  the  Presi- 
dent of  the  Confederate  States,  the  Gorernor  shall  ap* 
portloo  the  number  of  militia  required,  among  the  dif* 
rortnt  ooanti«B,  in   proportion  to  the  enomerafed  militi* 


1863. 


Officeri,  bow 
eltctad  &nd  ap- 
ponited. 


Pay  wheB  in, 
serTi«e. 


PeQ&Ities  for 
failvire. 


therein,  and  make  a  requisition  therefor  upon  the  several 
county  commandants  of  the  State  militia.  And  when- 
ever the  Governor  shall  make  a  requisition,  he  shall  be 
and  is  hereby.authorized  to  make  all  necessary  regula- 
tions as  to  the  mode  of  calling  out  the  militia  and  organ- 
izing them  into  companies,  battalions,  regiments,  brig- 
ades and  divisions  ;  Provided,  Jiowevcr,  That  in  all  com- 
pany, battalion  and  regimental  organizations,  the  com- 
missioned officers  shall  be  elected  by  the  men  composing 
such  organizations,  antj  in  all  brigade  and  division  organ- 
izations, the  commanders  shall  be  appointed  by '  thia 
Governor.  •  • 

Sec  10.  Be  it  further  enacted,  That  whenever  the 
militia  shall  be  called  into  actual  service  as  hereinbefore 
provided  for,  they  shall  receive  the  pay  and  allowances, 
and  shall  be  subject  to  the  regulations  for  the  govern- 
ment of  the  army  of  the  Confederate  States  of  America  ; 
and  any  militiaman  now  being  so  ordered  into  service, 
who  shall  fail  or  refuse  after  due  notice,  to  enter  said 
service,  or  being  therein,  shall  leave  the  same  without 
permission,  shall  be  liable  to  be  tried  and  punished  as  a 
deserter,  and  subject  to  all  the  pains  and  penalties  im- 
posed upon  deserters  in  the  articles  of  war  for  the  gov- 
ernment of  the  army  of  the  Confederate  States. 
'^Skc.  11.  Be  it  further  enacted,  That  the  coimty  re- 
how'usc^^^'^^'^^'  serves  embraced  in  class  number  one,  under  the  enume- 
ration hereinbefore  provided  for,  shall  be  subject  to  the 
order  of  the  Governor  to  be  employed  as  a  military  force 
for  repelling  invasion,  suppressing  insurrections  and  ex- 
ecuting the  laws,  at  any  point  within  the  county  to 
which  they  belong  ;  or  in  case  of  any  sudden  incursion 
of  the  enemy,  in  which  the  county  conimandant  of  re- 
serves has  not  time  to  communicate  with  the  Governor, 
or  to  await  his  orders,  it  shall  be  the  dutyof  sucli  county 
commandant;  and  without  delay,  to  call  out  the  whole  or 
such  portion  of  his  command  as  may  be  necessary  ;  and 
while  so  actually  in  service,  the  reserves  shall  be  gov- 
erned by  the  regulations  which  govern  the  army  of  tho 
Confederate  States,  but  they  shall  not  be  retained  in 
eervice  any  longer  than  the  immediate  necessities  o^^  thq 
case  may  requirei     •  i  ,.'t.  .vt.'.*;  ♦•/>*;« 

.  Seg.  1*2.  Be  it  fwther  enactid,  Thnt  the  cadets  of^h^ 
■Unit^erfrity  of  the  State  shall  be  organized  into  a  military 
corps,  and  made  subject  to  the  orders  of  the  Governor, 
for  any  military  service  within  the  State.  '    ■  ; 

*h>Seo.  '13.     Be  it  fui'iher  pnac^ed, HCjhatitiiere  shall  beA 


\ttit  *.* 


University  Ca 


9.  1863. 

board  of  not  less  than  two  uor  more  than  three  surgeons  "^;||.^'^^''^^ 
for  each  county,  to  be  appointed  by  tlie  county  cominan-i«y 
dant  of  mihtiu,  a  part  of  wliose  duU'  aliall  be  to  examine 
all  persons  who  claim  to  be  unable  to  bear  arms,  and  wiio 
shall  be  sworn  faithfully,  impartially,  and  without  favor, 
to  discharj^e  their  duties.  Ench  member  of  the  board 
shall  be  entitled  to  compensation  at  the  rate  of  five  dol- 
lars per  day  during  the  sitting  of  tlie  board  ;  and  for  the 
purpose  of  classification,  as  provided  by  the  third  sec- 
tion of  this  act,  the  county  aid  shall  appoint  said  board 
of  surgeons,  who  shall  continue  in  office  until  another  is 
appointed  by  the  county  commandant. 

.Sec.  14.  Be  it  further  enacted,  That  no  person  shall  bo(«rtific»t«  of 
excused  from  service  in  the  second  class  on  the  ground  J,'"*^'"?^^*'^*'""'"** 
that  he  is  unable  to  bear  arms^  unless  he  obtain  a  certifi- 
cate of  the  board  of  surgeons  to  that  eff"ect,  and  the  cer- 
tificate shall  show  whether  such  person  is  capable  of  ser- 
vice in  the  first  class  or  not,  and  if  he  be,  he  shall  onu-  , 
merate  liimself  in  the  ])roper  beat  of  .the  first  class. 

j^EC.  15.  Be  it  further  enacted,  That  in  case  of  a  failure 
to  hold  an  election,  or  in  case  an  oflicer  elected  sliall  fail  Appointmente 

,  ■    1       •  1       /•    ii  i      nil  failure  to 

or  reluse  to  serve,  the  special  aid  ot  the  proper  county  iieci.fcc. 
shall  make  the  appointment,   and  report  the  name  and 
rank  of  the  oflicer  ajjpointed  to  the  Governor,  who  shall 
commission  him  as  ii  duly  elected. 

Sec.  1().  Be  it  furth/r  tiioiied,  Thul  any  person  made  Mji,ua  mar  roi- 
subicct  to  service  by  this  net,  niav  volunteer  in  thu  mili- untwr  m  confed- 

•'  •  (•     1       /I       f  '  1  <  •  urate  sorvice. 

tary  or  naval  service  oi  the  (Jontedcrate^ttitos,  or  ni  any 
company  authorized.by  the  act  of  thev  Congress  of  the 
Confederate  States,  approved  Auiriisit'il,.  1861,  entitled 
"an  act  to  ])rovide  for  local  defeus<i'!hjdsi.>ocial  service," 
but  shall  again  be  subject  to  Stato  sei'v  cu  when  his  term 
of  service  as  u  volunteer  shall  exj^iFe.  , 

Sec.  17.  Be  it  further  euavlid.  Tli.ir  .she  Governor  iavoianiows. 
authorized  to  receive  xi'lunteer  companiofc  f<ir  such  torm         .   ,  ^-ni 
and  under  such  organization  as  he  .uuvy  d<  6ni  expedient,  ..*'^ 

which  companies  nhall  bo  subject  to  hif*  orders.   •;  !•<•* 

Skc.  18.  Be  it  further  c««c^'/..Th:it  the  jGroveriior  may,Toiun;»ororpai- 
in  his  discretion,  organize  aucii  voiunteer  companies  into"'"'"'' 
battalions  and  regiments,  m  couiorniiiy  with  the  provi- 
sions ol  an  "act  of  the  ''  ■  idy  of  tliis  Stiite, 
entitled  ''an  act  to  j;..  ■  ■  i  li  volunleer  force 
fov  the  defense  of  the  r-ta  »  resi.'^t  invasinu,''  tvp» 
proved  22d  No,v(;n3ber,lb<M.  ^        •■'   "' 

Sfio.  19.  Bt  ii  furilier  tnacbcil,  'That  tho  membort'of^^^„,i^^„j„ 
mi«li  TohuittJOi  (;0Diva)*ie8,  Imtt^riorisBnd  rcgiraeuts,  ^'^ub^m '"iduty. 


18«3.  10 

ject  to  militia  duty,  shall  be  subject  to  the  enumeration 
provided  for  by  this  act,  precisely  as  if  no  such  compa- 
nies, battalions  or  rog^iments  had  been  formed  ;  and  in 
case  a  draft  is  ordered  from  the  militia,  such  members 
shall  be  subject  thereto  in  the  same  manner  and  to  the 
same  extent,  as  if  the  volunteer  company,  battalion  or 
regiment  to  which  they  belong  had  not  been  organized, 
unless,  if  privates  or  company  officers,  the  company  to 
which  they  belong,  or  if  field  or  staff  officers,  the  batta- 
lion or  regiment  to  which  they  belong,  shall  volunteer 
for  the  term  and  service  for  which  such  draft  is  ordered. 
Sec.  20.  Be  it  further  enacted,  That  any  person  subject 
S^nJ^d^'e'^Xy-  to  service  in  the  second  class,  who  is  in  the  employ  of 
oM,  bow  exempt- ^jjQ  government  of  the  Confederate  States,  or  has  a  con- 
tract with  said  government,  or  is  employed  on  any  rail- 
road, may  be  exempted  from  service  under  this  act,  upon 
the  request  of  the  Secretary  of  War,  naming  the  em- 
ployee or  contractor  to  be  exempted,  communic^ted  to 
the  proper  commandant,  through  the  Governor  or  other 
military  officer  of  the  county,  for  such  length  of  time  as 
may  bo  requested  ;  and  when  that  time  expires  he  shall 
take  his  place  in  the  class  to  which  he  properly  belongs; 
Provided,  That  nothing  herein  shall  be  so  construed  a3 
to  exempt  common  laborers  or  other  persons  in  the  em- 
ployment of  railroads  from  military  duty,  unless  the  Pre- 
sident of  such  railroad  shall  make  affidavit  that  such  per- 
sons are  indispensable  to  said  road,  and  their  places  can- 
not bo  filled  by  other  persons  not  liable  to  military  duty. 
Armi.te.,  to  be  Sec.  21.  Be  it  further  enacted,  That  in  making  the  enu- 
r*porte<L  meration,  the  enumerating  officer  shall  note  which  of  the 

persons  enumerated  has  an  efficient  gun,  and  which  has 
not,  and  which  of  them  will  furnish  his  own  horse,  saddle 
and  bridle,  and  serve  as  mounted  men,  and  his  report  shall 
show  these  facts. 
AnMtobefuT-  Sec.  22.  Be  it  further  enacted,  That  the  Governor  shall 
rrtS?^' bow"*M  ^®  authorized  to  furnish  the  commandants  of  counties 
■ "  "  '  with  efficient  guns  for  all  persons  reported  as  having  none, 

and  the,commandant  shall  receipt  for  them,  and  shall  dis- 
tribute them  accordingly  ;  and  any  person  receiving  ^ 
gun  under  this  section,  who  shall  fail  to  return  the  same 
on  demand  of  the  county  commandant,  or  other  person 
authorized  by  the  Governor  to  demand  it,  or  shall  neglect 
to  return  such  gun  to  the  county  or  beat  commandant,  if^ 
he  removes  out  of  the  State  or  county,  shall,  without  ft 
sufficient  excuse,  to  be  determined  by  the  officer  making^ 
the  demand,  be  guilty  of  ft  misdemeanor,  ftnd,  on  conriG- 


11  1818. 

tion  thereof,  sliajl  be  fined  and  imprisoned  at  the  di«cro- 
tion  of  the  jury  trying  the  case  ;  which  last  mentioned 
eommandant  shall  bo  responsible  for  the  guns,  and  hold 
them  till  properly  distriliuted,  according  to  the  directions 
of  the  county  commandant. 

Skc.  23.  Be  if  further  enacted,  That  the  Governor  shall  Ammuaiuoa. 
be  authorized,  as  soon  as  the  organization  of  the  two 
classes  provided  for  by  this  act  shall  have  been  comple- 
ted by  the  commissioning  of  ofBccrs,  to  furnish  the  com- 
mandants of  counties  with  sufficient  ammunition  for  the 
use  of  said  two  classes  ;  and  the  commandants  shall  dis- 
tribute it  among  the  commandants  of  beat  squads,  as  ne- 
cessity may  require,  in  proper  proportion,  for  the  use  of 
the  beat  squads. 

Sec.  24.  Be  it  further  encvrfed,  That  in  order  to  secure 
a  speedy  organization  under  this  act,  it  shall  be  the  duty  sp«>i*i  Aids, 
of  the  Senator  and  Representatives  of  each  county  in  ^'""''P"'"***' 
this  State  during  the  present  session  of  this  General 
Assembly,  to  recommend,  in  writing,  the  names  of  three 
persons  in  their  respective  counties,  who  are  suitable  to 
act  as  special  aids  in  said  counties,  one  of  whom  the 
Governor  shall  appoint  as  special  aid  for  the  county  ; 
and  if  the  said  Senator  and  Representatives  shall  fail  or 
refuse  to  recommend,  or  if  the  persons  recommended  by 
them  shall  refuse  to  serve,  the  Governor  may  appoint 
such  persons  as  he  may  choose,  being  a  resident  of  the 
proper  county. 

Sec.  25.  Be  it  further  en/irted,  That  so  much  of  the3i«r«Mt«n»r 
military  code  of  the  State'  of  Alabama  as  is  inconsistent 
with  the  provisions  of  this  act,  shall  be  and  the  same  is 
hereby  suspended  so  long  as  this  act  is  in  force,  and  this 
act  shall  become  inoperative  and  void  upon  a  ratification 
of  a  treaty  of  peace  between  the  Confederate  States 
and  the  United  States. 

Skc.  25.  Be   it  further   enacted,  That  the  sum  of  five  ApproprwwB, 
hr.ndred  thousand    dollars   be,   and    the  same  is  hereby 
appropriated  and  placed  at  the  disposal  of  the  Governor, 
or  so  much   thereof  as    may   bo   necessary  for  carrying 
into  effect  the  provisions  of  this  act. 

Approved  August  29,  1863. 


1863. 


12 


No.  2.] 


AN  ACT 


Declaring  who  shall  be  exempt  from  Militia  duty  in  this 

State. 


Exemptions ; 
perions  over  45 


County  Trtas- 
urer«;  Physicians 


Ministers. 


Te»ch?rs. 


ttfuiit^M  \  Section  1.  Be  it  enacted  by  the  Senate  and  Hoxise  of  Rep- 
resentatives of  the  State  of  Alahtima  in  General  Assembly 
convened,  That  the  following  persons  and  no  others,  ex- 
cept persons  over  the  age  ot  forty-five  years,  shall  be 
exempt  from  service  in  the  militia  of  this  State,  to-wit : 
County  treasurers,  all  physicians  who  have  been  in  regu- 
lar practice  seven  years  immediately  preceding  the  appro- 
val of  this  act,  provided  that  any  time  that  such  physician 
shall  have  been  in  the  Confederate  States  or  State  military 
service  shall  be  considered  as  embraced  in  the  time  of 
said  practice,  if  such  physician  was  a  practicing  physician, 
when  he  entered  such  service  ;  all  ministers  of  the  gospel 
who  are  now  engaged  in  the  regular  discharge  of  their 
duties  as  such ;  all  persons  who  are  actually  engaged  in 
teaching  school  and  have  followed  as  a  profession  the 
calling  of  teacher  for  three  years  next  preceding  the  pas- 
sage of  this  act,  provided  that  any  time  that  any  such  per- 
son shall  be  in  the  Confederate  or  State  military  service 
shall  be  considered  as  embraced  in  the  time  if  such  per- 
son was  a  teacher  wlien  he  entered  such  service  ;  also, 
one  blacksmith  in  each  beat,  unless  there  is  a  negro  smith 
working  for  the  public  in  said  beat,  or  some  man  not  liable 
■  to  conscription,  provided  that  said  blacksmith  has  been 
City  Police,  Fire  engaged  as  such  for  two  yeai;s  ;  the  city  police  and  mem« 
ompanicB.  ^^j-g  q{  chartered  fire  companies  of  the  cities  of  Mobile, 
Montgomery  and  Selma,  not  exceeding  the  present  nmn- 
ber,  provicfod  the  foreman  of  said  companies  shall  make 
affidavit  that  tlie  places  of  the  persons  so  exempt  cannot 
be  supplied  with  negroes,  and  the  names  of  the  persons 
so  exempt  shall  bei  published  thi^ee  times  in  the  newspa- 
per having  the  largest  circulation  in  the  place  where  said 
Penitentiary  off!  fii'^J  Company  is  "locatcd  ;  the  oflicers  of  the  Penitentiary 
cers,GeBcraiAd  pf  ji^ly]j;,j^jy  .  the  CTeneral  administrators  of  counties  who 

ministrators.         f  .        1 1      i  •         rt?  i  •        n  •  j  • 

have  actually  been  m  omco  and  semce  n.ve  years  immedi- 
ately preceding  the  approval  of  this  act  ;  necessary  finan- 
cial or  produce  agents  of  the  Confederate  States,  so  long 
as  they  are  required  by  the  Confederate  government  to 
continue  the  business  of  such  agency  ;  necessary  milleri, 
the  Gorernor  shall  determintt  who  are  necessary  millers, 
if  appeal  is  taken  to  him  ;  the  necessary  superintendents, 
conductors,  master  machinists  and  engine  drivers  of  all 


Blacksmith  in 
each  beat. 


Confed.  Agent*--. 


MiUers. 


Railroad  om- 
ploye«s. 


13  1863. 

railroads  actually  running  ;  the  necessary  pilots,  captains,  ;':-?^'"'^°*' °°^" 
mates,  clerkp(  antl  enirineers  of  all  steam  boats  plying  the 
waters  of  this  State,  while  actually  serving  on  such  boats ; 
the  cashier,  discovmt  clerk  and  deposit  clerk  of  each  bank  !i*«k; 
in  this  State  in  actual  operation  ;  all  overseers  who  are,  ,,^,^^^,^3. 
or   shall    be   exempted    or  detailed   under    acts  of  the 
Confederate  Congress,  so  long  as  they  may  be  exempted 
or  detailed  as  such  ;  one  owner  and  one  machinist  of  all  j,„„ndries. 
brass  and  iron  foundries  ;  and  suoli  other  persons  as  the  * 

Governor  shall   specially  exemjit,   and  no  excm])tion  insr><H;iai. 
any  case  can  be  made  ex'cept  for  State  or  public  ])urposes ; 
Provided,  hotcfvcr,  that  all  persons  thus  cxem])te(l  shall  ^^j^ewpts  t^  be 

,  '  111-  •         •         1        /-•  1  rnuineratod. 

be  enumerated  and  subject  to  service  in  the  iirst  class  or 
county  rcserrcs.  ,' 

Sec,  2.  JJf  it  further  enabled,  That  any  person   who-.,.    - ,, 

1  1  1         1      1         J'        1  1  1  -      •      1-    ■"'''  iii^Kcrs. 

makes  as  much  as  ten  bushels  ot  salt  per  day  on  his  iiifh- 
v^^ual  account,  or  on  account  of  a  company  or  jiartner- 
ship  in  which  he  is  concerned,  who  sIkiII  in  good  faith 
sell  whenever  lie  can  do  so  for  Confederate  or  State  trea- 
sury notes,  the  salt  he  makes  or  causes  to  be  madoy  in 
quantities  called  for  by  purchasers  at  a  price  not  exceed- 
ing fifteen  dollars  per  busliel,  shall  1)o  exem])t  from  ser- 
vice in  either  class  ;  and  any  person  engaged  or  concern- 
ed in  any  way  or  to  any  extent  in  making  salt,  who  or 
an/ofwho^e  associate",  in  making  salt  shall  sell  or  ex- 
cliangc,  or  permit  to  be  sold  or  exchanged,  for  anything 
whatever,  salt,  exceeding  fifteen  dollars  })er  bushel,  shall 
be  subject  to  enumeration  and  service  in  the  second  class, 
whether  he  be  under  or  over  forty-five  year.*?  of  age,  or  a 
citizen  of  this  State  or  not:  Provided.,  but  one  person 
making  salt  for  a  company  shall  be  exempt  under  this  act.  • 
Approved  August  29, 1803. 


No.  3.]  AN  ACT 

To  aid  the  Confederate  Government  in  arresting  Doaevt- 
ers  and  others.  ' 

Sectio.x  1.  Bf  it  enactt<l  hy  the  Senate  and  House  of  Pep-' 
resentativf-s  of  ike  Sifit  of  Aluhama,  in  General  Affscmblyj 
conveneiL  Tiiat  it  shall  be  the  duty  of  all  i)erBon8  in  each '  •i'»>flg  togive 

,  V     1   -      r.  -  • /•  -         -       1   ■  1  .•■..'"rnitUou. 

county  ot  this  State  to  give  any  iniormation  in  his  or  lior- 
possession   which  may  lead  to  the  an  est  and  return  to 


1163,  14 

duty  of  any  person  in  the  military  Hervico  of  the  Confed- 
erate States,  to  the  county  comaandaut,  or  to  the  nearest 
eommander  of  a  military  post,  or  force,  without  delay. 
oonuBMdMu.  ^^^'  3.  Be  it  further  enacted,  That  it  ihall  be  the  duty 
*c.,U)Mr«i'(i«  of  the  county  commandants,  and  of  civil  and  military 
oflBceri  in  their  county,  to  cause  the  arrest  of  all  persona 
who  are  in  the  military  service  of  the  Confederate  States, 
who  are  improperly  absent  from  their  commands ;  and 
for  these  purposes,  and  to  prevent  the  escape  of  any  such 
person,  all  needful  force,  and  the  needful  military  power 
of  the  county,  may  lawfully  bo  employed. 

Sec.  S.  Be  it  further  enacted^  That  any  citizen  or  num- 
citiMiui»«y  ber  of  citizens  may  arrest  any  person  not  belonging  to 
•"*•»•  the   county,  who  is  a  soldier  or  enrolled  conscript,  and 

who  has  not  proper  evidence  of  his  authority  to  be  ab- 
sent from  his  proper  post  or  command;  and  to  confine 
Buch  persons  securely,  or  deliver  him  to  the  commandant 
of  the  county,  or  the  nearest  commander  of  a  military 
post  or  forces, 
offlwrt  •rrstiin*  '^^^'  ^'  Be  it  furtfifT  eiiQcted,  That  when  a  person  is 
toMport.  arrested  and  confined,  and  not  delivered  to  the  proper 

Confederate  military  authority,  the  county  commandant, 
or  other  officer  or  person  making  the  arrest,  shall'deliver 
the  person  so  arrested,  and  give  such  information  con- 
cerning the  person  arrested  as  he  has  to  the  commander 
of  the  military  department  in  which  the  arrest  was  made, 
or  to  the  commander  of  a  military  post,  or  force,  if  there 
be  one  nearer  the  place  of  confinement  than  the  depart- 
ment commander,  without  delay. 

Sec.  5.  Be  it'further  enacted,  That  the  county  comman- 
oomin*nd»aiB  lo  dant  sliall  keep  a  roll  of  all  persons  arrested  in  his  county 
p^fmcntwy.  '*  by  him,  or  reported  to  him,  showing  the  date  of  the 
arrest,  the  organization  to  which  the  person  arrested 
belongs,  the  grounds  of  the  arrest,  the  disposition  of  the 
person  arrested  and  the  expense  attending  tfie  arrest, 
and  the  return  or  discharge  of  such  person  ;  and  shall 
furnish  the  adjutant  general  of  militia  with  a  copy  there- 
of as  a  part  of  his  monthly  report. 

Sec.  6.  Be  it  further  enacted.  That  all  persons  arrested 
Beeerterg  to  be   by  the  couuty  Commandant,  or  by  anv  other  person,  and 

returned  to  com-  ,•',.  ,         •  ,.  ,'  .-',-        ...         '         -.  / 

mand.&e.  delivered  over  to  him,  who  are  in  the  mihtary  service  oi 
the  Confederate  States,  and  are  improperly  absent  from 
their  post,  camp,  or  command,  shall  be  returned  by  the 
county  commandant  to  their  proper  place,  or  disposed  of 
as  may  be  directed  by  the  dep.irtment  commander  or  the 
commander  of  the  nearest  military  post  or  force  at  the 


15  1863. 

expense  of  the  StAte :  and  all  necessary  expenses  of  the 
arrest  and  detention  shall  be  paid  by  the  State. 

Sec.  7.  Btit/nrthtr  enacted,  That  if  any  person  in  thii  ptn^ty  ft*  hw- 
Stato  shall  knowingly  and  wilfully  feed,  harbor,  secrete, '""^'^' 
or  aid  to  escape,  any  deserter  or  straggler  from  the  army 
or  navy  of  the  Cohfoderate  States,  or  from  any  carap  of 
instruction,  or  shall  knowingly  and  wilfully  feed,  har- 
bor, secrete,  or  aid  to  escape,  any  spy  or  other  enemy  of 
the  Confederate  States,  ho  shall  be  guilty  of  felony,  and 
on  conviction  thereof  shall  suffer  such  punishment  as  the 
jury  trying  the  case  shall  by  their  verdict  impose. 

Sec.  8.  JBe  it  further  enaeted,  That  it  shall  be  the  duty 
of  the  county  commandant,  and  of  all  militia  officers  of  »ili  wroum*!^'^. 
his  county,  to  aid  the  enrolling  officers  of  the  Confede- *■•"• 
rate  States  in  arresting  persons  liable  to  conscription, 
and  in  enforcing  the  conscription  laws  whenever  requir- 
ed, in  writing,  by  any  such  enrolling  officer  ;  and  such 
military  force  may  be  employed  for  these  purposes  as 
shall  be  necessary. 

Sec.  9.  Be  it  further  enacted,  That  any  person  arrested  j,ii,t«b«ij««d. 
_^under  the  provisions  of  this  act,  may  be  confined  in  the 
county  jail,  or  in  any  other  place  of  security,  until  other- 
wise disposed  of. 

Sec.  10.  Be  itfurtlver  enacted,  Tliat  if  any  person  orp^^^,^,^^ 
officer  who  is  required  to  perform  a  duty  by  this  act,  wiure. 
shall  wilfully  and  knowingly  refuse  or  fail  to  perform  the 
same,  he  shall  be  guilty  of  a  misdemeanor,  and  subject  to 
indictment  therefor,  and  on  conviction  thereof  shall  be 
fined  or  imprisoned  at  the  discretion  of  the  jury  trying 
the  case. 

Sec.  11.  BeitfurtMr  enaxted,  That  the  Governor  shall  miiih*  ord»r«d 
be  authorized  to  order  out  the  militia  of  any  county  or  to'TScHiiwf''""*' 
counties  in  this  Sute  for  the  purpose  of  arresting  desert; 
ing  or  straggling  soldiers,  or  spie-*  or  traitors,  in  any  oth- 
er coutity  nf  this  State. 

Sec.  12.  Bcii^'urlher cnac-fed,  That  for  the  purpose  of ^^pp^P^j^uoo. 
paying  the  expenses  that  may  be   incurred    under  this- 
act,  the  sum  of  one  hundred  thousand  dollars,  or  so  much 
thereof  as  is  necessary,  is  hereby  apjjropriated  out  of  any 
money  in  the  State  tr(.':i-u -y  not  otiierwise  appropriated. 

Approved  August  29,  1863. 


186a.  16 

No.  4.]  AN  AOT 

In  relation  to  working  on  Public  Hoads. 

SBCTioif  1.  Be  it  enacted  hy  the  Seriate  ami  House  of  Bep^ 
a4'ei6ui5o."^     TesentiUives  of  the  Stale  rf  Alabama  iri  General  Assembly 
convened,  That  all  white  male  persons  between  the  uges 
of  sixteen  and  fiftjr  years  shall  be  liable  to  work  on'  pub- 
lic roads.       '  '  '      ,■ 
overseere  21  to        Seg.  2.  Be  it  fuHher  enocttd,  That  all  male  white  per- 
«>•                  sons  between  the  ages  of  twenty-one  and  sixty  years  of 
age,  nhall  be  liable  to  appointment  as  overseers  of  public 
road«. 
xegroei  14  to  f.o.      Src.  3.  Be  it  further  enacted,,  That  all  male  slaves  and 
free  negroes  between  the  ages  of  fourteen  and  sixty  years 
shall  bo  liable  to  work  on  public  roads.               •  - 
Law*  in  fores.         Sec.  4,  ^g  n  further  ervaded.  That  the  same  laws  now' 
governing  roads,  shall  in  all  other  cases  be  applied  to 
this  act. 

Approved  August  29,.  1863. 


No.  5.J  •    AN  ACT 

To  contribute  to  tlio  support  of.  the  families  of  Soldiers 
in  tjio  Military -service  froin  the  State  of  Alabama. 

".-it   .,, 

Appropriation.        SECTION  1.  Bc  it  cuacted,  by  the  Senate  and  House  of  Bej> 
rcnentatives  of  the  State  of  Alabama  irt.  General  Assembly 
oonvened.^lihxit  the  sum  of  one  million  of  dollars  be  and  the 
same  is  hereby  appro[)riated  for  tlie  support  of  tho  indi- 
'    '  g^id:.  families  of  soldiers  who  aro  now  in  or  may  hereafter 

enter  the  military  service  of  the  Confederate  States  from 
the  State  of  Alabajna,  or  who  may  be  in  the  military  ser- 
vice of  this  State,  to  be  distributed  in  the  months  of  Oc- 

wben distributed  tobor,  November  ap.d  December  next,  one-third  in  each 
month,  under  the  provisions  of  an  act  entitled  "An  act 
to  provide  for  the  support  of  the  indigent  families  of  sol- 
diers in  the-  army  of  the  Confederate  States  from  the  State 

ProTiso.  of  Alaliama,"  approved  12th  November,  18G2  :  Provided., 

That  no  family  of  any  substitute  that  has  been,  is,  or  shall 
be  in  the  military  scrvi.ce,  sliall  be  entitled  to  any  of  the 
benefits  of  this  act. 

Sec.  2.  Be  it  further  enacted,  That  if  any  jndge  of  pro- 
bate, commissioner  or  agent  employed  in  carrying  out  the 


17  1863. 

provisions  of  this  act,  shall  appy  ajiy  of  the  funds  or  arti- 
cles which  may  corae  into  his  hands,  to  his  own  use,  ho 
bhall  bo  deemed  ?;nilty  of  enihoTizlement. 

Sec.  3.  Be  it  further  enacted,  That  if  the  unappropn- 
ated  funds  in  the  treasury  should  Vie  insufficient  tci  meet  ^^^'^nor  »nih«f 
this  appropriation,  the  Governor  is  hereby  authorized  toTro^surf  N«i« 
use  treasury  notes  of  this  State,  which  have  been  or  shall 
hereafter  be  issued,  redeemable  in  treasury  notes  of  the 
Confederate  States.  '  r^ 

Sec.  4.  Be  it  further  enacted,  That  if  any  ag;ent  or  offi-      •    '  •-   . 
<er  who  UKiy  be  entrusted   with  the  distribution  of  the  |,''^'^*^  ^"^  *" 
fluids  appropriated  for  the  benefit  of  the  indig-eut  fami- 
lies of  soldiers,  phnll  wlfull;^  fail  to  make  an  equal  and    . 
impartial  application  of  the  same,  he  shall  bo  subject  to 
indictmcTit  therefor,  and  on  conviction,  shall  be  fined  not 
less  than  one  hundred  dollars,  nor  more  than  five  hun- 
dred, and  shall  be  imprisoned  in  the  county  jail  not  loss 
than  six  months.  ' 

Skc.  5.  Be  it  further  enoefed;  Thnii  iho  indigent  families  r»mii»«B  or  4»- 
of  deceased  soldiers,  fmd  those  discharged  soldiers  who  ^^o'*,,^^,'^'"^* 
are  incapacitated  for  physical  labor  on  accoilut  of  wounds 
received  and  permanent  diseases  contracted  in  the  ser- 
vice, be  and  are  hereby  made  boneficiario?  «if  ilnV  act. 

Approved  August  29,  1863. 


No.  6.]  AN  ACT 

To  provide  Salt  for  the  indigent  lUmilies  of  Soldiers  in 
the  State  of  Alabama  and  for  other  purposes. 

Section  1.  Beit  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
eonvencd.  That  all  the  salt   inanufacturcMl  in   this  State,  KaTniiieB  or  soj- 
for  and  on  account  of  the  State,  and  all  that  is   or  shall  ^i^;^  ^n'!^* 
be  delivered  from  leases  of  the  saline  lands  and  works  of  ^i"*  i-nc* 
the  State,  Und  all  otherwise  acquired  by  the  State,  or  so 
much  thereof  as  shall  bo  neccs-sary  to  supply  the  wanti 
of  indigent  families  of  soldiers  from  this  State,  who  are 
or  shall  be  in  the  military  service  of  the  Confederate 
States,  shall  be  distributed  among  all  such  families  in 
proportion  to  their  respective  wants,  at  such   price  as 
Fhall  be  sufficient  to  cover   the  cost  of  production  and 
transportation  and  any  incidental  expenses  :  Provided,  J^^ "^.^W 
howtwr^  Thttt  no' fftmily  sbuil  bo  entitled  to  a  greater  or  f..i^u7 


1868. 


18 


••rters  or  mbsU- 


qnantity  than  twenty-five  ponnds  for  each  member  of  the 
family  :  And  provided,  fiirth.er  That  neither  the  famihes 
of  deserters,  nor  of  persons  who  are  or  shall  be  substi- 
tutes in  the  army  of  the  Confederate  States,  shall  be  en*;. 
titled  to  the  benefits  of  any  of  th»  provisions  of  this  acti  .* 

Sec.  2.  Be  it  further  enacted,  That  if  an^  salt  derived 
by  the  State  from  the  iources  mentioned  iix  the  first  sec- 
How  nurj'i™«s*ittion  of  this  act,  shall  remain  after  the  distribution  pro- 
*  jh-'"  »-•  <i*i'"«^  vided  for  in  said  section,  it  shall  be  distributed  among 
the  citizens  of  the  State  in  the  manner  and  upon  the 
terms  now  provided  by  law. 

Sec.  3.  Be  it  further  enacted,  That  it  shall  be  the  duty 
of  the  Qovernor  to  cause  ail  the  salt  derived  from  the 
rhiiy  on.i  power  sources  Specified  in  the  first  section  of  this  act,  to  be  dia- 
«f  the  Governor  tributed  as  provid©d  by  this  act :  and  full  power  is  here-  " 
by  conferred  upon  him  to  do  all  things  necessary  to  effect  •» 
the  distribution  provided  for  :    Provided,  however,  That 
no  discrimination  shall  be  made  under  this  act,  or  un- . 
der  any  othe^  act,  in  relation  to  the  indigent  families  of  • 
fioldiers  from  this  State,  against  the  poor  families  of  sol- 
diers who  Would  be  destitute  if  they  did  not  work,  or 
who  avoid  destitution  as  far  as  t^iey  can  by  their  indus- 
try ;  but  every  such  family  shall  share  in  the  benefits  of 
this  act,  and  all  other  acts  of  force  conferring  benefits  on 
indigent  families  of  soldiers  from  this  Statue. 
Approved  August  29,  1863. 


uaJi»r  this  act. 


No.  7.] 


AN  ACT 


To  amend  an  Act  entitled  "  An  Act  to  amend  the  Rev- 
enue Laws  of  tliis  State,"  approved  December  9th, 
1862. 


Uow  Mnoa4*d. 


PrOTiBO. 


Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Be^ 
resentatives  of  tlie  State  of  Alabama  in  General  Assembly 
convened,  That  the  act  entitled  "  an  act  to  amend  the  rev- 
enue laws  of  this  State,"  approved  December  9th,  1862, 
be  and  the  same  is  hereby  amended  in  the  following  re- 
spects, to-wit :  Ist,  in  subdivision  number  19,  of  section  2, 
of  said  act,  strike  out  the  word  "ten"  and  insert  in  lieu 
thereof  the  word  "two";  2d,  add  to  the  end  of  section  7, 
of  said  act,  the  following  proviso :  "  Provided  further, 
That  po  tax  laid  on  the  various  kinds  of  property  em* 


ii/i*^ 


19  1863. 

braced  by  this  section  by  any  court  of  cotmty  commie- 
sioners  shall  be  collected." 
Approved  August  29,  1863. 


No.  8.]  AN  ACT 

To  prevent  the  Distillation  of  Potatoes  and  Peas. 

Section  1 .  Be  it  enaci<'d  by  the  Senate  and  Hov^c  of  Rcp- 
rc*cniatives  of  the  State  of  Alabama-  in  Ocneral  Assembly 
convened,  That  the  provisions  of  an  act  entitled  "  An  Act 
to  prohibit  the  distillation  of  grain  in  the  State  of  Ala- 
bama, except  under  the  direction  or  authority  of  the 
Governor,"  approved  December  8th,  1863,  shall  be  and 
are  hereby  made  as  fully  and  completely  applioablo  to 
potatoes  and  peas  as  they  are  to  ^rain. 

Approved  August  29,  1863. 


No.  9.]  AN  ACT  .     > 

To  repeal  that  portion  of  the  Revenue  Law  which  re- 
quires the  tax  collectors  of  the  several  counties  of  this 
State  to  furnish  the  tax  payers  a  schedule  of  the  pro- 
perty upon  which  tax  is  paid. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Bep- 
resentntivefi  (f  the  State  of  Alabama  in  General  >4/?5emmy  R«ii"viiixui<»»i 
convened,  That  so  much  of  the  revenue  law  of  the  18tnt^n"duir  "  ** 
section  as  requires  the  tax  collectors  of  this  State  to  fur- 
nish the  several  tux  payors  schedules  showing  the  items 
of  ta?;ation  upon  which  tax  is  paid»  bo  and  the  »^mo  is 
hereby  repealed. 

Approved  Aiiguflt  27,  1863. 


No.  10.]  AN  ACT 

To  prevent  the  Distillation  of  Molaseos  and  Sugar. 

SlCTlov  1.  Be  it  enacted  by  the  Senate  and  Howie  of  Rep- 
rescntativea  of  the  State  of  Alabama  in  Qcneral  Asscnthly  rwunr. 


1863.  20 

convened,  That  it  shall  not  be  lawful  for  any  person  dur- :  ., 
ing  the  existing  war  to  distil  or  convert  into  intoxicating^* 
liquor  any  molasses  or  ^ugar  ;  and  any  one  violating  this 
actj'shall  be  subject  to  indictment,  and  upon  conviction 
•  shall  bo  fined  not  less  than  one  thousand  dollars,  and  im- 
prisoned not  less  than  six  months,  one-half  of  said  fine  to. 
be  paid  to  the  informer  and,  the  other  half  to  the  countj^ 
in  which  the  conviction  is  had. 

Sec.  2.  Be  it  further  enacted,  That  on  each  conviction 
r«i  of  Solicitor,  under  this  act  the  solicitor  shall  be  entitled  to  a  foe  of 
fifty  dollars,  to  be  taxed  in  the  bill  of  costs  and  paid  by 
the  defendant.  -n^V 

Approved  August  27,  1863. 


No.  11.]      ^  AN  ACT  £4«i>. 

To  require  all  persons  to  pay  taxes  in  the  county  whoro 
tlio  ji^i'oporty  is  located  in  certain  cases. 

Section  1.  Be  it  C7iacted  hy  tJie  Senate  and  House  of  Ilep- 
wheret«x68ma»i**^^C7i/(7iwes  of  tJic  State  of  AUibdma  in  General  Assembly 
bepuw.  convened,  That  all  persons  who  have  been  declared  by 

acts  of  the  Legislature,  liners,  and  made  citizens  of  coun- 
ties other  than  the  county  in  which  they  live,  or  their 
houses  arc  situated,  shall  pay  their  State  and  county  taxes 
on  slaves  and  other  property  in  the  county  in  which  such 
property  may  bo  held  and  ^located  at  the  commencement 
.  of  the  tax  year^  :.y,  ;.Vi-.r'' '  ^u  v 

Sec.  2.  Be  it  further  enacted,  That  all  laMFs  and  parts 
"*^**^'  of  laws  in  conflict  with  this  act,  bo  and  the  same  are  here- 

by repealed,  •  ^. 

Approved  August  27, 1863.  .  .» 


No.  12.]  .      AN  ACT     ' 

To  authorize  Circuit  Judges  to  hold  special  terms  of  the 
Circuit  Court  in  certain  cases. 

Section  1.  Be  it  enacted  hy  the  Senate  and  Home  of  Bep- 

j«dg«  m»y  h.,ui  resentafives  of  the  State  of  Alabama  in  General  Assembly 

i^l^cum™  ^""  convened,  That  section  184  of  the   Code  of  Alabama,,  bo 

•    and  the  same  is  hereby  amended  so  as  to  aijthorize  tlie 


21  1863. 

fudge  of  a  circuit  in  which  there  may  happen  a  failure  to 
nold  a  term,  to  make  an  order  in  tracation  for  a  special 
term  to  be  hold  for  the  disposal  of  tho  business  of  the 
court,  and  to  direct  tho  clerk  of  tho  court  to  publish  no- 
tice of  the  time  when  the  court  will  be  held,  in  a  news- 
paper in  the  county,  if  there  be  one,  or  in  an  adjacent 
county,  if  there  be  none  in  the  county  where  tho  term  is 
to  be  held. 
Approved  August  27,  1863. 


No.  18.]  AN  ACT 

To  amend  section  1934  of  tho  Cede. 

• 
Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives of  the  Staie  of  Alabama  in  General  Assembly  , 
convened,  That  section  1934  of  the  Code  of  Alabama,  l^^  ^,,'";;' (";),*^,*,*' 
and  the  same  is  hereby  amended  as  follows,  to-wit :  addndminutrnv^rs 
to  tho  end  of  said  section,    "  No  suit  which  has  been  or 
may  be  brought  by  any  such  executor  or  administrator  in 
any  court  in  this  State,  shall  bo  abated,  barred  or  aflfected 
by  any  appointment  of  an  administrator  in  tbiS'Stato 
made  after  the  commencement  of  such  suit." 
Approved  August  27,  18G3. 


No.  14.]  AN  ACT 

Supplementary  to  an  act  to  authorize  the  Confederato 
States  to  purchase  and  hold  in  Alabama  a  site  for  Rol- 
ling Mills,  Foimdry,  &c.,  for  tho  manufacture  of  ord- 
nance, <tc.,  approved  November  17,  1862. 

Section  I.  Beii enacted  hythe Senate  and Hoiise  of  Rfp- ^^u^.T^, 
rescntatives  of  the  State  of  Alabama  in  General  A  • ' 

convened,  That  the  govenmient  of  tho  Confedorat'.'  - 
or  tho  proper  department  thereof,  for  tho  use  of  the  Con- 
federate States  or  tlio  Congress  thereof,  ehall  have  per- 
mission to  exchange  M\y  Iviid  or  part  thereof,  in  tho  city 
of  Selma,  boueht  fmin  IMiihp  J.  WeHvcr  and  from  other 
parties,  for  oIIht  lands  cf>ntigU(tu-<  or  nc;»r  tlicreto  :  Pr(y 
vided,  that  the  liMids  st)  obtained  •  -with  all  other 

lauds  purchased  and  owned  by   l.      _    .lodcmto  States 
under  tho  act  to  trhich  this  is  a  supplemont,  ehall  uot 


1863. 


22 


now  laaJA  rnttj 
bo  eonrteBined  for 
the  U80  of  the 
govercmaot. 


Fre«MUt>Sfl  tn 
Mem  wbare  th^ 
owntr  Is  of  un- 
■eund  mind,  or 
an  intuit,  &«. 


exceed  the  qik».ntity  limited  by  said  act  "to  authorize 
the  Confederate  States  to  purchase  and  hold  in  the  State 
of  Alal)ama  a  site  for  roUiiip:  mills,  foundry,  &c.,  for  the 
manufacture  of  ordnance,  &c.,  approved  November  17, 
1862." 

Sec.  2.  Be  it  further  enacted,  That  whenever  the  gov- 
ornmont  of  the  Confederate  States  or  the  proper  depart- 
ment or  representative  thereof  and  the  owner  of  lands 
proposed  to  be  bought  to  increase  the  site  already  ob- 
tained, cannot  agree  upon  the  price  to  be  paid  for  such 
land,  or  whenever  the  owner  shall  refuse  to  soil,  or  shall 
be  unsound  mind,  or  au  infant,  or  whenever  the  title  to 
tho  same  shall  be  in  doubt  or  litigation,  it  shall  be  lawful 
for  said  government  or  the  proper  department  or  ref)re- 
sentative  thereof  to  condemn  said  lands  for  the  use  of 
the  Conioderate  States  forever,  in  the  manner  following  : 
The  officer  in  charge  of  the  foundry,  <fec.,  shall  make  ap- 

Elication  in  writing  to  the  sheriff  of  Dallas  county  to 
ave  said  lands  condemned,  describing  them  with  par- 
ticularity, and  stating  the  names  of  the  owners  or  party 
in  possession  ;  and  the  sheriff  shall  thereupon  summon  a 
jury  of  seven  disinterested  freeholders,  a  majority  of 
whom  shall  be  authorized  to  assess  the  value  of  the  prop- 
erty, after  having  been  sworn  by  the  sheriff  to  do  so 
fairly  and  to  the  best  of  their  judgment,  and  shall  return 
their  award  or  assessment  by  the  hands  of  the  sheriff  to 
the  clerk  of  the  circuit  court  of  Dallas  county,  who  shall 
make  a  record  of  the  same  and  of  all  the  proceedings,  to 
be  furnished  him  by  the  sheriff;  and  this  assessment 
shall  be  final :  Provided,  Jiotoevcr,  that  ten  days'  noticd 
shall  have  been  given  in  writing  to  the  owner  of  tho 
land,  or  to  tho  guardian  of  the  owner,  if  he  be  an  infant 
or  of  unsound  mind  of  the  time  and  place  appointed  for 
the  jury  to  make  assessment  as  aforesaid ;  or  in  caso  the 
property  be  in  doubt  or  litigation,  twenty-  days'  notice, 
by  some  newspaper  published  in  the  city  of  Selma,  to 
all  persons  interested  to  appear  before  said  jury  at  the 
time  appointed  and  at  a  place  on  or  convenient  to  said 
land  ana  designated  to  attend  the  assessment. 

Sec.  B.  Be  it  further  enacted,  That  upon  payment  to 
the  owner,  or  his  guardian  in  case  he  be  of  unsound 
mind  or  an  infant,  of  the  amount  assessed  as  aforeiaid, 
or  upon  teader  thereof,  the  title  to  said  land  shall  there- 
upon A^ost  in  the  Confederate  States ;  and  in  case  the  ow- 
ner be  a  married  woman,  living  separate  from  her  Ijus- 
band,  the  payment  or  tender  to  her  shall  be  BuflScient  j 


23  1863. 

and  in  case  the  title  to  tho  land  be  in  litigation,  or  the 
officer  in  charge  as  aforesaid  havo  just  reason  trO  believe 
the  title  to  the  same  to  be  in  doubt,  tlien  payment  to  tho 
judge  of  probate  of  tho  county  shall  bo  sufficient  to  vest 
the  title  as  aforesaid,  and  said  judge  sh^ll  hold  the  same  • 

for  the  benefit  of  the  party  entitled  thereto,  and  under 
the  protection  of  his  official  bond.  omu* 

^  Sec.  4.  Be  it  further  enacted,  That  the  costs  in  the  fore- 
going proceedings  shall  be  the  same  as  are  now  pro- 
scribed by  law  for  similar  proceedings,  to  be  paid  by  tho 
Confederate  States,  and  that  upon  compliance  with  the 
foregoing  provisions,  the  Confederate  States  shall  have 
power  by  tbc  officer  commanding  tho  foundry,  to  enter 
upon  and  take  possession  of  tho  land  thus  condemned. 
Approved  August  27,  1^3. 


No.  15.]  AN  ACT 

To  fix  the  pay  of  members  and  officers  of  tho  General 
Assembly. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  o/Bep- 
reseivtatives  of  the  State  of  Alabama  in  General  Assembly  ^,il"^^,CJ\Z 
convened,  That  after  the  present  session  of  tho  General  *'^*- 
Assembly,  the  per  diem  and  mileage  of  tho  members  and 
officers  of  tho  General  Assembly  shall  be  increased  fifty 
per  cent,  on  the  amounts  now  allowed  by  law.  This  act 
to  cease  to  be  in  operation  after  the  war  now  existing  is 
closed. 

Approved  August  29,  1863.  • 


.No.  16.]  AN  ACT 

Appropriating  Twenty-five  Thousand  Dollars  to  pay  tho 
members  and  officers  of  the  present  session  of  the  Gen- 
eral Assembly. 

^Section  I.  Beit  enacted  by  the  Senate  and  House  of  Rep- 
rcsentatives  of  the  State  of  Alabama  in  General  Asscmmy 
convened,  That  the  sum  of  twenty-five  thousand  dollars 
be  appropriated  out  of  any  money  in  the  treasury  not 
otherwise  appropriated,  to  pay  the  members  and  ofticers 
of  the  present  general  assembly. 
Approved  August  26, 1863. 


1863. 


■iPriiOo^w 


No.  17.] 


24 

AN  ACT 


To  increase  the  foes  of  Jailors  for  victualing  pri«oner«. 

Section  1.  JBe,  it  enacted  hy  the  Senate  and  House  of  Rep- 
pe^entativcs  of  the  State  of  Alabama  in  General  Assembly 
hly  amvened,  That  from  and  after  the  passage  of  this  act, 
the  jailors'  fees,  as  to  matters  hereinafter  specified,  shall 
be  as  ^Tollows,  viz  :  for  victualini^each  white  prisoner,  one 
dollar  and  twenty-five  cents  per  day  ;  for  each  slavo  or 
free  person  of  color,  one  dollar  per  .day,  in  lieu  of  the 
fees  now  allowed  by  law  for  similar  services. 

Sec.  2.  Be  it  further  enacted,  That  this  act  shall  be 
continued  in  force  no  longer  than  the  continuance  of  the 
present  war.  ^  • 

Approved  August  27, 1§63. 


No.  18.] 


AN  ACT. 


ivproprlatts 
eiglity-two  Jol- 
Jare.'   ' 


To  pay  for  the  hire  of  servants  for  the  General  Assembly 
during  the  present  session. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  B&p- 
.  resentatives  of  the  State  of  Alabama  in  General  Assembly 
hly  convened,  That  the  Secretary  of  State  be  and  he  is 
hereby  allowed  the  sum  of  eighty-two  dollars  to  pay  lor 
servant  hire  during  the  present  session  of  the  General 
Assembly,  and  that  the  Comptroller  of  Public  Accounts 
is  hereby  authorized  and  required  to  draw  his  warrant  on 
the  State  Treasurer,  in  favor  of  the  Secretary  of  State, 
for  so  much  thereof  as  is  necessary  for  the  purpose  stated, 
.to  be  paid  out  of  any  money  in  the  treasury  not  otherwise 
approprirtted. 

Approved  August  29th,  1863. 


^^0.  19.] 


AN  ACT 


For  the  relief  of  securities  who  have  paid  money  for 
their  principals. 

Section  1.  Be  it  eriacted  hy  the  Senate  and  House  of  Befp- 
resentatives  of  th,t  ^t<de  cf  Alabama  in  General  Assemoly 


25  1863. 

;,c»  . 

convened,  That  in  all  cases  where  a  judgment  has  been  j^^    ^^^     ,^^4 
or  may  be  hereafter  obtained  by  a  creditor  oa  a  demand  principal  to  be 
to  Avluoh*there  is  one  or  mort^  securities,  it  shall  bo  lawful  "lil"^  "*"*"" 
for  the  security  or  securities  to  pay  the  said  demand,  and 
it  shall  be  the  duty  of  the  plaintiff  in  the  judgment,  his 
agent    or    attorney  of  record,  when  the    payment   is 
made  to  assign  such  judgment  to  the  security  or  securi- 
ties paying  the  money,  who  shall  be  allowed  to  collect  the 
same  with  interest  and  cost  in  the  name  of  the  plaintiff 
for  their  use,  and  to  assert  in  law  or  equity  any  lien  or 
right  against   the  principal  debtor  which    the  plaintiff 
could  assert  if  tht)  debt  had  not  been  paid  :     Provided, 
however,  that  in  every  such  case  the  assignee  or  trans-TorecoireiikA 
force  of  the  judgment  shall  be  and  is  hereby  bound  to '''"'^''''=""''°''''- 
accept  or  receive  payment  of  it  in  the  same  kind  of  cur- 
rency which  he  may  have  paid  for  it. 
HiA.pproved  August  29,  1863. 

No-.  20.]  AN.'AOTr.V 

To  provide  for  prosecuting  and  defending  suits  for  per- 
!   .     eons  of  unsound  mind. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alailyama  in  General  AfisemlnyutLyhrmgsmi by 
convened,  That   hereafter    every  idi^t,  lunatic,  or  other  °°'*  ^'■''""' 
person  <!)f  unsound  mind,  may  bring  suit  or  other  proceed- 
ing at  law  or  in  equity,  by  a  next'friend,  when  there  is  no 
guardian  in  this  State  of  such  idiot,  hinatic  or  person  of 
unsound  mind ;  and  if,  upon  the  termination  of  such  suit 
or  proceeding  on  ost;\te  or  property  of  any'kiiid  be  rocov- rnipom- to  uo 
cred  for  the  idiot,  lunatic  or  person  of  unsound  mind,  tlio^'J,™^^^'*'"''" 
Bame  may  be  delivered  or  paid  over  to  au)^  guardijin  who 
may  have  been  in  the  meantime  appointed,  or  who  may 
afterwards  be  app'binted. 

Sec.  2.  Be  it  further  enacted.  That  if,  peinding  the  suit 
or  proceeding  sucti  guardian  bo  appointed,  the  same  may  o>i*rdiati  *.ihgii- 
continuo  by  substituting  his  name  for  that  of  tlie  next^' 
friend  ;  and  if  the  mind  of  such  person  of  unsound  mind 
be  restored,  such  suit  or  proceeding  may  progress  in  his 
own  name.  ;   ) ;.  //  ;  r^-      '; 

Sec.  3.  Be  it  further  enacted,  That  wlien  a  partv  to  a 
euit  or  other  proceeding  in  chancery,  is  alleged  to'  be  o(^rJry^!^lJ. 
unsound  mind,  nnd  to  have  no  legal  guardian,  such  party '*'*n"^'^*^ 
may  be  brought  into  court  by  bervice  of  process  upon 


1863.  26 

him  or  her  pei'sonally  ;  and  a  guardian  ad,  liiem  phall  be 
appointed  for  such  person,  as  in  case  of  infants  over  four- 
teen years  of  age,  who  fail  to  select  or  nominate  a  guar- 
dian ad  litem,. 
Approved  August  29,  1863. 


No.  21.]  AN  ACT 

To  authorize  Probate   Judges  to  impress  provisions  tn 
certain  cases. 

• 

Section  1.  Be  it  enacted  by  the' Seimte  and  House  of  Bep- 
wTion  and  how  resentotives  of  the  State  of  AJahama  in  General  AsscmUy 
mly'^bo'S^do.  convened,  That  whenever  any  commissioners  court  in  this 
State  shall  determine  to  purchase  supplies  for  the  desti- 
tute families  of  soldiers  instead  of  distributing  money, 
the  probate  judge  shall  be  authorized  to  purchase  the' 
same ;  but  in  the  event  that  he  cannot  do  so,  he  is  hereby 
authorized  to  impress  any  prov-isiotis  that  may  be  necessa- 
ry for  the  purpose  above  specified  and  pay  for  the  same 
just  compensation,  to  be  ascertained  in  the  mode  and 
under  the  rules  mentioned  and  laid  down  in  the  act  enti- 
tled "  An  act  to  provide  for  the  public  safety,"  approved 
October  31st,  1862,  ajid  the  act  entitled  "  An  act  to  amend 
an  act  to  provide  for  the  public  safety,"  approved  Novem- 
ber 17th,  1862,  for  ascertaining  compensation  for  proper- 
ty impressed  under  said  acts,  making  the  necessary 
changes  in  said  acts  so  as  to  make  them  applicable  to  the 
cases  contemplated  by  this  act.  The  judge  of  probate 
'  in  relation  to  arriving  at  compensation,  may  do  what  the 
Governor  is  authorized  by  said  acts  in  relation  to  arriving 
at  compensation ;  provided,  the  provisions  absolutely 
necessary  for  the  support  of  a  person's  family  shall  not  be 
impressed  under  this  act. 
Approved  August  29, 1863. 


No.  22.]  AN  ACT 

To  regulate  the  toll  of  Grist  Mills  in  this  State. 

Sectiow  1.  Be  it  enacted  by  the  Senate  and  Bouse  of  Bep- 
resentotives  of  the  State  of  Alabama  in  General  Assembly 


i'owers  eonrerred 


27  1863. 

convened.     That  from  and  after  the  paaaago  of  this  "ctj^piuobfton*' 
no  owner  or  employee  of  any  steam  grist  mill  or  other  eighth, 
grist  mill  in  this  State,  shall  take  or  receive  as  toll,  or 
otherwise,  for  grinding  grain  of  any   description  more 
than  one-eighth  of  the  grain  ground. 
T   Seb.  2.  JBe  it  further  enacted,  That  if  any  person   shall 
violate  the  provisions  of  the  first  section  of  this  act,  he  ^•"*"y- 
of  she  shall  bo  guilty  of  a  misdemeanor,  and  on  convic- 
tion thereof,  shall  be  fined  in  any  sum  the  jury  tr3'ing  the 
case  may  assess,  besides  being  liable  to  the  penalty  pre- 
scribed by  section  1111  of  tho  Code  of  this  State. 

Sec.  3.  Be  it  further  enacteii.  That  all  special  and  gen- 
eral acts  of  the  General  Assembly  of  this  State,  in  con-ropo«i»d.*'**^** 
flict  with  the  provisions  of  this  act,  be  and  the  samo  are 
hereby  repealed. 

Approved  August  29, 1863. 


No.  23.]  AN  ACT 

,To  provide  for  the  printing  and  distribution  of  the  Acts  of 
the  present  extra  session  of  tho  General  Assembly. 

Section  1 .  Be  it  enacted  by  the  Senate  and  Hoiise  of  Rep- 
reseniotives  of  tlie  State  of  Alabama  in  Oetieral  JssewW?/ to'"'""'""""'' 
lYmveiied,  That  within  five  days  after  the  adjournment  of 
the  present  extraordinary  session  of  the  General  Assem- 
bly, it  shall  be  the  duty  of  the  Secretary  of  State  to  de- 
liver to  the  State  printers  copies  of  all  tho  acts  passed 
at  said  session,  to  be  printed^  stitched  and  trimmed  in 
pamphlet  form,  at  the  earliest  practicable  moment,  and 
delivered  at  the  office  of  the  Secretary  of  State. 

Sec.  2.  Be  it  further  enacted,  That  on  the  delivery  to  g^^.  ^^^^  ^^^  ^^ 
him  of  the  requisite  number  of  copies  of  said  acts,  so  to  (ii*uibBW?<j 
printed,  stitched  and  trimmed,  it  shall  be  the  duty  of  the 
Secretary  of  State  to  transmit  by  mail,  or  some  other  ex- 
peditious and  safe  conveyance  to  the  probate  judges  of 
the  respective  counties  of  the  State,  the  number  of  copies 
to  which  each  county  is  now  entitled  under  the  law  regu- 
lating the  printing  and  distribution  ofth©  acts  and  jour- 
nals of  regular  sessions  of  the, Legislature. 

Sec,  3.  Be  it  further  enacted,  Hhni  the  printing  of  tho 
journals  of  the  Senate  and  House  of  Represent^itivoe  ^'<^  ^{J"uf ''jJS''^' 
dispenfled  with  until  the  next  regular  session  of  the  Gen- 
eral Assembly,  aiidthat  they  be  embodied  in  and  printed 


1863.  28 

withi;h©  joWrnals  of  that  session  at  the  regular  tim©  of 
printing  said  journal.  -•     . 

Sec.  4.  Be  it  further  <?Viao^«iThat  for  the  purpose  of  pre- 
Acts  to  bo  to  .serving  in  a  more  durable  form  the  acts  of  the  present 
i)rmt«<i.  !  extra  session,  they  shall  be  embodied  in  and  printed  with 

the  acts  of  the  next  session  of  the   Legislature. 

Sec.  5.  Be  it  further  cnOcted^^XvAi  the  sum  of  three- hun- 
ftrpXce'^vi^  dred  dollars,  or  so  much  thereof  as  is  necessary,  bo  and 
the  same  is  hereby  appropriated  to  carry  into  effect  the 
provisions  of  the  second  section  of  this  act,  to  be  drawn 
,ji^,^»V^y  warrant  of  the  Comptroller  on  the  State  Treasurer 
in  favor  of  the  Secretary  of  State,  on  the  certificate  of  the 
latter  officer  that  said  sum  or  any  part  thereof,  has  been 
expended  by  him  in  carrying  out  the  provisions  of  the 
second  section  of  this  act.  ■'   '■'         ■    ' 

Sec.  6.  Be  it  further  enacted,  that  he  Comptroller  is 
of"stotu^'"'""'*'^J^ereby  authorized  to  draw  his  warrant  on  the  State 
Treasurer  in  favor  of  the  Secretary  of  State,  for  the  sum  of 
one  hundred  and  fifty  dollars  for  reading  the  proof  sheets 
and  superintending  the  printing  the  acts  of  the  ])resent 
session,  for  placing  marginal  notes  and  preparing  an 
index  for  the  same,  arid  attending  to  the  distribution 
thereof. 

Sec.  7.  Be  it  further  enacted,  That  fifteen  hundred' ex- 
Miiitaiy  lawe  to  tra  copics  of  the  laws  passed  at  the  present  session  upon 
ratJiy'."'"  ^''^■^"  the  subject  of  the  military  and  militia,  shall  be  printed 
at  the  same  time  and  under  the  provisions'Of  this  act, 
eighth  undred  copies  of  which  shall  be  delivered  to  the 
Adjutant  General,  for  his  use  and  distribution  in  execu- 
ting the  laAv,  two  hundred  copies  to  be  deposited  in  the 
office  of  the  Secretary  of  State,  and  the  balance  shall  be 
distributed  by  mail  to  the  members  of  the  General  As- 
sernbly.  ' 

Approved  August  29,  1863. 


N(!>.  24.]  AN  ACT 

To  ainfeind  '> "  an  act  to  provide  '  fbr  the'  rtorganiiatiDti  of 
the  State  Penitentiary. 

Section  1.  BeU  enacted  hy  the  Senate  and  House  ofBep- 

^Ql"&^\^i\^utxl\\resentatives  of  tlic  State  of  Alabama  in  Oeneral  AsscmUy 

not  lit  guards,     convenjcd^  That  the  proviso  contained  in  s(iction  4,  of  an 

act  entitled  "  an^act  to  provide  for  the  reorganization 


or.  , ; 

29  1868. 

of  the  State  Penitentiary,"  approved  Bee.  5,  1862,  bo 
and  the  same  is  horoby  amend.ed  so  ^s  to  make  it  read 

j,a8  follows,  to^wit :  "  I*fOvi(ied,  that  none  of  the  guard,  ex- 
cept the  sergeant  thereof,  ihali  bo  filled  by  persons .,8ub- 
joct  to  conscription  under  the  acta  of  the  Congrene  of 
the  Coofedei'ate  States.  •  , ,' ^v "'.';'     '  :i 

^i   Approved  August  29,  1863. 


'No.  25.]  AN  ACT 

For  the  benefit  of  the   Widow   aibd   children   of' PJiilip 
McGuire,  deceased. 

Section  1.  Bf  it  enacted  by  the  Senate  a7id  Houte  of  liefy 
rcscntatives  of  the  State  of  Alahama  in    Oeneral  Assembly 
eonvctied,  That  Jeremiah   Hogan,   ^he   administrator  of AiffliaWrti/^r 
Phihp  McGuir*,   deceased,   or  any  successor  in  the  ad-  ?^p'guw' 
ministration  of  the  estate  of  said   McGuire,  be  author- 
ized to  invest  such  an  amount  of  Confederate  Treasury 
notes,  assets  of  the  estate  of  said  Philip  MoGuire,  us  he 
may  deem  for  tiie  benefit  of  the  widow  and  children  of 
said  Philip  McGuire  in  real  estate,  in  the  city  or  county  *  '*  xtrtwijr 
of  Montgomery:  Provided,  that  before   ajiy  such  pur- 
chase shall  be  held  valid  the  administrator  shall  report r^jS^rrh'*,'  *" 
the  same  to  the  judge  of  probate  of  said  county,  und  ifJ««i«cof  prob»i». 
said  judge  on  an  examination  of  the  facts  shall  deem  the 
same  for  the  benefit  of  said  widow  and  children,  ho  shall 
confirm  the  purchase,  and  it  ahail  then  be  held  valid  and 
legal  ;  and  the  said  judge  ,  shall  eater  on  his  minutes  his 
proceedings  therein,  which 'shall  be  a  record  and  proof 
of  what  was  done  in  the  premises. 

Sec.  2.  Be  it  further  enacted,  That  the  real  estate  thus 
purchased  by  such   administrator   shall  be  held  by  him  utr^tor.*""" 
in  the  same  manner  as  personally  held  by  the  said  Philip 
McGuire  at  the   time  of  his   death,   and   as  part  of  his 
.«Btate.  ' 

](.  Sec.  3.  Be  it  furiJier  enacted.  That  all   the  expenses 
and  costs   incurred   in   said   purchase  and  proceedings  ^f""^** 
fihall  be  paid  out  of  the  assets  of  said  estate . 

Approved  August  29,  1863. 


1863.  30 

No.  26.]  AN  ACT 

To  repeal  "  an  act  to  authorize  the  court  of  county  com- 
missioners of  Fayette  and  Morgan  counties  to  levy  a 
,;■    tax  on  dogs."  , 

SiCTiON  1.  Be  it  enacted  hu  the  Senate  and  House  of  Rep- 
resentatives  of  tfve,  State  of  Alabama  in  General  Assembly 
convened,  That  an  act  entitled  "  an  act  to  authorize  the 
court  of  county  commissioners  of  Fayette  and  Morgan 
counties  to  levy  a  tax  on  dogs,"  approved  Doc.  6th,  1862, 
be  and  the  same  is  hereby  repealed. 

Approved  August  27,  1863. 


No.  27.]  AN  ACT 

To  authorize  M.  McOorvey,  Judge  of  Probate  of  Mon- 
roe county  to  act  as  such  in  the  settlement  of  the 
estate  of  Henry  0.  Abney,  deceased. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 

of  Ab      fcsentatives  of  the  State  of  Alabama  in  General  Assembly 

"  ^'  convened^  That  from   and   after  the  passage  of  this  act, 

,    ,;."lff.   McCorvey,  judge   of  probate   in   and   for   Monroe 

county,  be  and  he  is  hereby   authorized  and  empoVered 

to  act  as  such  probate  ju^ge  in  the  settlement  of  the 

,  estate  of  Henry  0.  Abney,  deceased,  late  of  said  county. 

Sec.  2.  Be  it  further  enacted,  That  all  laws  and  parts 

of  laws  conflictmg  with  the   provisions  of  this  act,  be 

.  and  the  same  are  hereby  repealed. 

^     Approved  August  27,  1863. 


■     ^o{^^8.]'         .  AN  ACT     ■ 

To  authorize  the  court  of  probate  of  Chambers  county- 
to  grant  letters  of  administration  upon  the  estate  of 
Jtimes  M.  Kennedy,  deceased. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
Bsuie  of  Ken-     Tcsentotives  of  the  Stale  of  Alabama  in  General  Assembly 
convened,  That  the  court  of  probate  of  Chambers  county  • 
have  jurisdiction  of  the  administration  of  the  estate  of 


nedy, 


81  1863.. 


James  M.  Konnedy,  lat©  of  Russell  county,  deceased,  to 
grant  letters  of  administration  thereon,  and  to  do  all 
things  necessary  and  proper  to  cause  the  estate  of  said 
decedent  to  be  settled  and  distributed  in  said  court  ac- 
cording to  the  laws  of  this  State,  as  fully  and  ofToctually 
as  if  the  said  deceased  had  been  an  inhabitant  of  tho 
county  of  Chambers  at  tho  time  of  his  death. 
Approved  August  27,  1863. 


No.  29.]  AN  ACT 

To  amend  section  1784  of  the  code  so  far  as  relates  to     • 
Bibb  county. 

Sectioi*  1.  Be  it  enacted  by  the  Senate,  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly  ^'^ ""  •=''''**" 
convened,  That  section  1748  of  the  code  of  Alabama,  be 
80  amended  as  to  authorize  the  court  of  probate  of  Bibb 
county  to  grant  orders  of  sale  of  all  kinds  of  personal 
property  of  deceased  persons'  estates  on  a  credit  of  three 
years. 

Sec.  2.  Be  it  further  enacted,  That  tho  preceding  sec- 
tion of  this  act  be  so  construed  that  said  court  shall  not  ^nff*''  ^'  "•<*'»• 
in  any  case  grant  an  order  of  sale  of  any  personal  prop- 
erty to  any  executor  or  administrator  of  any  deceased 
parson's  estate  on  a  longer  credit  than  one  year,  unless 
the  executor  or  Hdministrator  shall  petition  said  court 
for  an  order  of  sale  of  such  property  on  a  credit  of  more 
than  one  year,  and  not  exceeding  throe  years. 

Approved  August  27,  1803. 


No.  30.]  AN  ACT 

To  change  tho  boundary  line  of  the  counties  of  Mobile, 
and  \VaBhington. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Eep- 
rcsentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  boundary  lino  between  the  counties  Bonndmrr 
of  Mobile  and  Washington 'bo  so  altered  as  to  include  **^°**^ 
the  dwelling  houses  and  ou^hou8e8  of  .John  Bates,  Gil- 
bert R.  Bollinger,  Teno  Orso  and  Robert  Dickons  in 
the  county  of  Mobile. 


,  1863.  32 

R«peal. 


Sec.  2.  Be  it  further  enacted,  That  all  laws,  and  parts 
of  law's  contravening:  the  provisions  o^  this  act  be  and' 
the  pamd  are  hereby  repealed.  "'^^ 

Approved  August  27,  18f>*i.  -il 


h 


No.  31.]  AN  ACT 

To  increase  the  compensation  for  printing  Supreme  Court 

Reports. 

Sectign  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
!ud  °  'PP'"*'^'"''  resentatives  of  the  State  of  Alabama  in  General  Assemhh^ 
convened,  That  hereafter,  instead  of  the  sum  now  appro 
priated  by  law,  the  sum  of  twentv-five  hundred  dollars 
.be  and  the  same  is  hereby  appropriated  for  thd* printing, 
of  the  reports  of  the  Supreme  Court. 

Approved  xVftgust  29,  1863. 

M)h 

%,y2.]  AN  ACT  '"^ 

111  "rolafiion  to  prisoners  sent  to  the  Penitentiary  of  Aki-. 
•"*•         bamafrom  other  States.   "-^^'^ '^  ''-''■'•  ■'^' 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  B^*\ 
offlcTf  h^ro  tuwreseutatives  of  the  State  of  Alabama  in  General-  Assembly ' 
^*'''"'"  cdnvened,  That  the  warden  and  inspectors  and  all  other 

officers  of  the  penitentiary  of  this  State,  shall  have  the 
same  authority,  powers  and  rights,  as  to  the  keeping, 
management  and  control  of  prisoners  sent  to  said  peni- 
tentiary, by  order  or  authority  of  the  Governor  or  other 
officer  of  any  of  our  sister  Confederate  States,  so  long  as 
they  remain  there,  that  said  warden,  inspectors  and  other 
officers  of  said  penitentiary  have  as  to  prisoners  sent  to 
said  penitehtiaiy  by  "the' courts  or  authorities  of-thisi 
State.  :        '■    ' 

Approved  August  29,  1863.^ 


38 
No.  33.]  AN  ACT  * 

To  anthoriro  Executors,  Administrators,  Guardians  and 
Trustees  of  the  connty  of  RusboII,  to  make  publication  ^ 
in  a  newspaper  of  Columbus,  Georgia. 

Section  1.  3e  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly  May  pubiub  u 
convened,  Tliat  during  such  time  us  no  newspaper  is  pub- ^'"™''"*' ''•'• 
lished  in  the  county  of  Russell,  all  executors,  administra- 
tors, guardians  and  trustees  of  the  same  are  hereby  ati-  * 
thorized  to  have  published  in  any  newspaper  of  the  city 
of  Columbus,  in   the  State  of  Georgia,  all  such  notices 
and  advertisements  as  by  law  Ihdy  arotequired  to  have 
insertad  in  a  newspaper. 

Approved  Auguit  29,  1863, 


No.  34.J  A^  ACT 

To  authorize  Charles  W.  Oliver  to  marry. 

SEcrriON  1 .  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives ef  the  State  of  Alabama  in  General  Assembly  oiivsr  mty 
convened,  That  Charles  W.  Oliver,  whoso  wife  has  ob-"^'^'' 
tained  a  divorce  and  married  again,  bo  and  is  hereby 

'authorized  to  marrv,  as  if  he  had  never  before  been  mar- 

'¥ied. 

«'    Approve  August  29,  KS63. 

y '     , 

V.  - — 


■\No.  35.]  AN  ACT 

,«To  authorize  the  Probate  Court  of  Autauga  county  to 
•«).    grant  letters  on  the  estate  of  A.  B.  Pcnick,  late  of  St. 

^     Clair  county. 

i; 

1'  •   Section  1 .  Re  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly  v*y  tr*r>i}f\fT 
convened,  That  it  shall  bo  lawful  for  the  ))robate  court  of'  """ 
Autauga  county  to  grant  letters  of  administration  on  the 
estate  of  A.  B.  Penick,  late  of  St.  Clair  county. 
Approved  August  29.  18 03. 


1865.  34 

No.  36.]    ,  AN  ACT 

To  compensate  the  commissioners  of  roads  and  revenue 
in  the  counties  of  Choctaw  and  Marion. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  o/Bep- 

resenta^ivea  of  the  State  of  Alabama  in  General  AssenMy 

83  per  d«r^»nii    convencd,  That  from  and  after  the  approval  of  this  act, 

»«*•  ,»,.<rrtt.' ■    the  commissioners  of  roada  and  revenue    of   Choctaw 

county,  and  Marion  county,  shall  be  entitled  to  three 

.    dollars  a  day  while  actually  engaged  in  the  duties  of  the 

commissioners'  court,  and  five  cents  per  mile  from  each 

one's  residence  to  the  court  house  and  returning  home. 

Approved  August  29,  1863. 

* 

No.  37.]  AN  ACT  , 

To  incorporate  the  Ashby  and  Cahaba  River  Railroad 
Company. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  tJie  State  of  Alabama  in  General  Assembly 

_^ _    convened,  That  C.   C.   Huckabee,  of  Greene   county,  A. 

ftp^'iliwT"'"  K.  Shepard,  of  Perry  county,  Thomas  Gholsou  and  Dan- 
iel Prentice,  of  Shelby  county,  J.  N.  Smith,  Ezekiel 
Smith  and  William  L.  Saunders,  of  Bibb  county,  be  and 
they  are  hereby  appointed  commissioners,  any  five  of 
whom  may  act  and  do  business  necessary  to  be  dono 
under  this  act  preparatory  to  the  organiitation  of  the 
Ashby  and  Cahaba  River  Railroad  Company,  and  they 
shall  open  books  of  8ubt>cription  for  the  capital  stock  of 
said  company  at  such  time  and  places  and  with  notice; 
not  le38  than  ten  dayi,  as  they  may  think  proper. 

Sec.  2.  i?«  it  further  enacted,  That  the  capital  stock  of 

oipiui  oBtmii-Baid  railroad    company  my   be   one  million   of  dollars, 

iio».  which  may  be  increased   at  any   time,  and   from  time  to 

time  by  resolution  of  the  board  of  directiors  to  such 
amount  as  the  board  may  deem  necessary  and  expedient 
for  carrying  into  full  effect  the  objects  and  purposes  of 
said  company. 

Sec.  3.  Be  it  further  enacted,  That  said  railroad  shall 

termini  cxtcud  from  some  point  on  the  "  Alabama  and  Tennessee 

River  Railroad,"  near  Ashby  depot,  by  the  most  practi^ 
cable  route  to  some  point  on  the  Cahaba  rirer,  near  the 
coal  fields  of  Thomas  Gholson  and  J.  N.  Smith  &  Co. 


Oommiiiioneri 


85  1863. 

Seo.  4.  Bf^  it  further  enadeol,  That  as  Boon  as  twenty- p„^„, 
five  thousand  dollars  shall  have  been  subscribed  to  the 
capital  stock  of  said  company,  the  subscriber!?;  of  said 
stock,  their  successors  and  assigns,  shall  be  and  they  are 
hereby  declared  to  be  incorporated  into  a  companj'  by 
the  nanae  of  the  "  Ashby  and  Cahaba  River  Railroad  Com- 
pany," and  by  that  name  shall  be  capable  in  law  of 
purchasing,  holding,  leasing,  selling  and  conveying,  real, 
personal  and  mixed  property,  so  far  as  shall  be  necessary  r 
for  the  purposes  of  this  incorporation  ;  and  by  said  in- 
corporated name,  may  sue  and  be  sued,  plead  and  be  im- 
pleaded, answer  and  be  answered  unto  in  any  court  of  law 
or  equity  in  this  State  or  elsewhere,  and  to  have  and 
use  a  common  seal  and  the  same  to  alter  or  amend  at 
pleasure  ;  to  pass  such  by-laws,  rules  and  ordinances  for 
the  good  government  of  said  corporation  as  to  them  may 
seem  proper,  and  generally  to  do  all  things  necessary  to 
carry  into  effect  fully  and  completely  the  objects  of  this 
act. 

Sec.  5.  Be   it  further  enacftd,    That   as   soon  as  t-en  o^n^,.,i  ,n,v,nr,n 
thousand  dollars  shall  have  been   subr^c^bed  the  com- 
missioner hereby  appointed  shall  call  a   gt-iieral  meeting 
of  the  subscribers  at  such   time    and  place  as  they  may 
appoint :  and  at  such    meeting  the  said  subscribers,  or  a 
majoritv  of  them  in  value,  shall  elect  eleven  directors  by  Eifcuon  or  Dir«-- 
ballot   to  manage  too    affairs  of  said  company,  and  the, '''"^*' 
commissioners  as  aforesaid,  or  any  three  or  more  of  them, 
shall  be  judges  of  said  first  election  of  directors,  and  the 
directors    thus   chosen    shall   elect  among  themselves  a 
president  of  said  company,  and   allow  him  such  compen-Prctirtwt. 
sation  as  they  may  think  proper ;    and    on    all  occasions, 
whenever  a  vote  of  stockholders  shall  be  necessary  to  be^*^*- 
taken,   each    stockholder  shall    be  allowed  one  vote  for 
every  share  owned    by  him  or  hor  ;  and  any  stockholder  proxi'>« 
may  depute  any  other  person  to  vote  and  act  for  him  or 
her  as  his  or  her  proxy 

Sec.  6.  Be  ii  further  enacted.  That  the  president  and  addu»i  •locikmi. 
directors  of  said  company  shall  bo  chosen  annually  by 
the  stockholders  of  said  company,  aud  if  any  vacancy 
shall  occur  by  death,  resignation  or  otherwise,  of  any 
president  or  director,  before  the  year  for  which  they 
were  elected  shall  have  expired,  such  vacancy  shall  be 
filled  by  the  president  or  directors,  or  a  maioritv  of 
them  ;  and  that  the  president  and  directors  shtll  hold 
their  office  until  their  successors  are  chosen  and  quali- 
fied, shall  have  power   to  call   meetings  of  stockholders 


1863. 


86 


Offlccri,  He 
poimad. 


«p- 


Bylawfl. 


InstiklmoBta. 


at  any  time,  and  a  majority  of  stockholders  shall  have 
power  to  remove  the  president  or  any  director  and  to 
fill  all  vacancies  occasioned  by  removal  at  pleasure. 

Sec.  7.  Be  it  further  enaxyted,  That  the  said  president 
and  directors,  or  a  majority  of  them,  may  appoint  all 
such  officers,  engineers,  agents  or  servants  -whatpoever, 
as  they  may  deem  necessary  to  carry  on  the  business  of 
said  company,  and  may  dismiss  them  at  pleasure,  and  a 
majority  of  them  may  determine  the  compensation  of 
all  officers,  engineers  and  servants  of  said  company;; 
shall  have  power  to  pass  all  by-laws  which  they  may 
deem  necessary  and  prop6r  for  exercising  all  the  powers 
vested  in  the  company  for  carrying  into  effect  the  ob- 
jects of  this  act :  Provided,  only  that  such  by-laws  shall 
not  be  contrary  to  the  laws  of  this  State  or  the  Confed- 
erate States  ;  and  said  president  and  directors,  or  a, 
majority  of  them,  are  empowered  to  borrow  money  to* 
carry  into  effect  the  objects  of  this  act,  Xk)  issue  certifi- 
cates or  other  evidence  of  such  loan,  and  to  |^)ledgo  the 
property  of  said  company  for  the  payment  ol  the  same 
with  interest.  •  • 

Sec.  8.  Be  it  further  enacted,  That  the  president  and 
directors  shall  have  power  to  require  the  stockholders 
of  said  company  to  pay  such  instalments  on  their  re- 
spective shares  of  stock  in  said  company,  and  at  such 
time  as  they  may  think  best  for  the  interest  of  said 
penaitr'for  fail- compauy,  and  upon  the  refusal  or  failure  /of  any  stock- 
nj.topar.  holder  to  pay  the  instalment  required  on  his,  her  or 
their  stock  in  pursuance  of  any  call  made  by  the  presi- 
dent and  directors  as  aforesaid,  said  president  and  di- 
rectors may,  upon  giving  thirty  days'  notice,  proceed  to 
sell  at  public  sale  the  share  or  shares  of  such  stock  own- 
ed by  such  delinquent  stockholder,  or  any  part  there- 
of, to  the  highest  bidder  ;  and  if  the  proceeds  of  the  sale- 
of  such  share  or  shares  should  amount  to  less  than  the 
amount  due  upon  instalments  as  above  mentioned, 
said  stockholder  shall  be  and  remain  liable  to  pay  to  the 
said  company  the  deficiency  in  manfterand  form  as  here- 
inafter specified.  ' 

Sec.  9.  Be  it  further  enacted,  That  upon  failure  or'rofu- 
rurther  pensity.  sal  of  any  stockholder  to  pay  any  instalment  called  for  or 
demanded  by  the  president  and  directors' of  said  companyj 
or  if  upon  the  sale  of  said  shares  as  before  specified,  they 
shall  be  sold  for  a  less  amount  than'  that  due  upon  instal- 
ments as  above  mentioned,  the  president  and  directors, 
upoiigiVing  tMGDjty  days  notice  to  said  delinquent  stock* 


37  1863. 

holder,  may  proceed  by  their  attorney  to  move  the  cir- 
cuit court  of  tho  county  in  which  said  Rtockholdcr  may 
reside  for  judgment  against  tho  said  stockholder  for  the 
amount  called  for  by  the  president  and  directors  of  said 
compan}',  or  as  the  case  may  be,  for  any  deficiency  that 
may  occur  in  the  sale  of  said  stock  as  hereinbefore  spci- 
fied,  and  said  court  is  hereb}-  auihorized  and  required  to 
render  judgment  against  such  delinquent  stockhohler  at •^'"'(f'"'"^'' 
the  same  term  of  tho  court  at  which  such  motion  is  made, 
which  judgment  so  given  sliall  bo  a  lien  on  the  real  or 
personal  property  of  said  stockholder,  and  execution 
shall  issue  as  upon  other  ju<lgment8  for  the  amount  of  the 
judgment  and  costs,  and  all  notices  hereby  required  to  be 
given  in  such  cases  to  such  delinquent  stockholder  shall 
be  issued  by  and  in  tho  name  of  the  secretary  to  the 
board  of  directors  and  served  by  the  sheriff  of  the  county 
in  which  the  stockholder  may  reside,  and  shall  be  return- 
ed to  the  office  of  the  clerk  of  tho  circuit  court  as  in  cases 
of  common  writs;  and  the  sheriff  shall  be  entitled  to  a 
fee  of  one  dollar  for  serving  such  notice,  which,  with  all 
costs  that  may  accrue  on  such  proceedings,  shall  be  paid 
by  the  party  against  whom  tho  judgment  is  rendered : 
And  he  it  furthet' provided,  WvaX  said  company,  acting  byAti«,bmonu. 
the  board  of  directors  or  thoir  authorized  ngent,  or  attor- 
ney, in  addition  to  tho  remedies  already  herein  provided 
against  stockholders,  shall  have  the  right  in  all  Ciises 
where  an  attachment  would  be  :dlowable  between  indi- 
vidual persons,  to  resort  to  the  ordinary  process  of  at- 
tachment, not  only  to  secure  or  collect  instalments  which 
maybe  due,  but  also  to  secure  the  remaining  unpaid  por- 
tion of  snbb'criptions  to  the  capital  stock  of  said  com- 
pany, which  attachments  shall  be  levied  by  the  projier 
officer  in  all  respects  as  other  attachments,  and  the  same 
affidavit  and  bond  shall  be  given  by  the  t)laintiff  and  the 
samo  bond  given  by  tho  defendant  or  defendants  as  in 
other  cases.  The  affidavit  may  be  made  and  bond  given 
by  an  agent  or  attorney  of  the  company,  and  garnisheea 
may  be  summoned  as  in  other  cases,  and  these  rights  and 
powers  shall  extend  and  apply  as  well  to  ancillary  as  to 
other  forms  of  attachments  :  Ait/i  he  it  also /nrthei'  prcf 
vided,  that  in  all  suits  or  motions  of  tho  y)resident  and  di- 
rectors of  this  company  nk'iinst  stockholdcrB,  Avhero  it 
shall  appear  that  the  jiropidiiig  judge  before  whom 
the  case  6 r  cases  may  come  for  hearing, .is  interested,  on 
motion  of  the  plaintifTs  attorney  therefor,  the  rase  or 
casea  Rhall  be  by  the  presiding  judge  transferred  for  ttial 


1863.  38 

to  the  nearest  circuit  court  next  sitting,  the  presiding 
judge  of  which  may  be  supposed  not  to  be  interested,  so 
that  the  case  or  cases  may  be  determined  as  speedily  as 
practicable  ;  and  the  case  or  cases  shall  be  heard  and  de- 
termined in  the  court  to  which  they  may  be  removed  (the 
presiding  judge  being  disinterested)  as  if  they  had  been 
originally  brought  in  said  court. 

Ri  hi  fw«  *c  Sec.  10.  Be  it  further  enacted^  That  the  aaid  company, 
'  acting  by  its  board  of  directors,  is  hereby  authorized  to 
contract  for  and  purchase  such  timber,  stone,  fixtures  and 
other  materials  as  may  be  needed  in  the  construction, 
completion  and  operating  of  their  said  road,  and  to 
purchase,  receive  and  hold 'in  fee  simple  such  quantity 
and  parcels  of  land  as  may  be  required  by  the  company 
for  right  of  way  for  single  or  double  track  railroad,  and 
such  lands  and  appurtenances  as  may  be  acquired  at  dif- 
ferent places  for  stations,  turnouts,  ample  depots  and 
warehouses,  workshops,  machine  shops,  and  other  neces- 
sary purposes  in  connexion  with  the  railroad  ;  and  the 
said  company  may,  by  their  agents,  engineers  and  ser- 

conveyxnocis.  vauts,  cutcr  upon  and  occupy  all  the  lands  and  tenements 
authorized  to  be  purchased  or  held  as  aforesaid.  In  case 
any  portion  of  the  land  authorized  to  be  required  by  said 
company  shall  belong  to  the  estate  of  any  deceased  per- 
8(in  or  persons,  the  company  may  contract  with  the  exe- 
cutor or  administrator  of  such  deceased  person  or  per- 
sons, who  are  hereby  made  competent  to  convey  to  said 
compa,ny  such  title  in  such  lands  as  was  held  by  his,  her 
or  their  testator  or  intestate  at  the  time  of  his,  her  or 
their  death,  or  in  case  said  lands  shall  belong  to  a  minor 
or  minors,  or  persons  non  compos  mentis,  the  company 
may  contract  with  his,  her  or  their  guardian  or  guar- 
dians, who  are  hereby  made  competent  in  their  fiduciary 
capacity  to  convey  to  said  company  such  portion  ol  the 
lands  of  his,  her  or  their  ward  or  wards,  as  the  company 
is  by  this  section  authorized  to  receive  and  hold,  and  in 
«  case  such  lands  or  any  part  shall  bo  held  by  trustees  of 

school  or  other  trustees  or  body  corporate,  the  said  com- 
pany may  contract  with  and  receive  conve3''ance8  from 
such  trustee  or  trustees  or  cestui  que  trust  or  the  mana- 
gers or  directors  of  the  body  corpprate.  All  which  con- 
veyances so  authorized,  when  made  in  conformity  with 
the  provisions  of  this  section,  shall  vest  in  said  company 

Writ  of  ad  5,4o,«  such  title  as  the  person  or  persons  who  may  be  represen- 

**'''**^'  ted  by  the  parties  hereby  authorized  to  make  such  con- 

veyances may  have  in  the  lands  at  the  time  of  making 


39  1863. 

such  conveyances.  In  the  event  that  the  said  company 
and  the  owners  of  the  lands,  or  any  portion  thereof  au- 
thorized to  be  acquired  by  said  company,  shall  not  apree 
about  the  same,  and  this  provision  relates  also  to  the 
lands  belonging  to  the  estates  of  deceased  persons,  mi- 
nors, or  persons  non  compos  mrntis,  or  land*  held  by  trus- 
tees or  bodies  corporate,  as  above  specified,  and  those 
authorized  in  this  section  to  make  conveyances  thereof, 
or  in  case  the  owner  or  owners  of  such  lands  may  bo 
unknown,  or  may  reside  without  the  State,  or  his,  her  or 
thsir  residence  may  be  unknown,  in  these,  or  any  such 
cases,  the  said  company,  acting  by  its  board  of  directors 
or  duly  authorized  agent  or  agents,  may  apply  to  the 
clerk  of  the  circuit  court  of  the  county  in  which  such 
lands  may  lie  for  a  writ  ad  quod  damnuin,  which  writ, 
whenever  so  applied  for,  shall  be  issued  by  said  clerk, 
directed  to  the  sheriff  of  his  county,  commanding  and 
requiring  him  to  summon  a  jury  of  seven  good  and  dis- 
creet freeholders  of  his  county  no  ways  related  to  the 
owner  or  owners  of  the  lands  to  be  assessed,  nor  stockhol- 
ders of  the  company,  and  who  are  not  likely  to  bo  inter- 
ested in  similar  proceedings,  to  bo  and  appear  at  such 
suitable  and  convenient  place  as  he  may  designate,  on  a 
day  or  days  to  be  fixed  by  him,  whiclj  day  or  days  shall 
be  as  early  as  practicable  after  the  sjiid  writ  may  come 
to  his  hands,  to  asses  the  value  of  the  lands  specified  in 
the  writ  ad  quod  damnum  and  required  by  said  company, 
and  the  damages  which  the  owner  or  owners  may  sustain 
by  the  construction  of  the  railroad  of  said  company 
through  such  lands  and  the  right  of  way  which  may  be 
required  for  said  railroad  }  and  it  shall  the  duty  of  such 
persons  so  summoned  as  jurors,  to  appear  at  the  time  and 
place  appointed,  then  and  there  to  determine  and  assess 
the  value  of  said  lands  and  the  damages  which  may  be 
sustained  as  aforesaid  by  the  condemnation  of  said  lands 
for  the  use  of  the  company  as  they  may  be  specified  in 
the  sajd  writ  of  ad  quod  damnum^  and  the  same  jury  may 
act  in  one  or  more  cases  to  be  set  forth  in  th  5  same  writ 
or  separate  writs  of  ad  quod  damnum  as  may  be  deemed 
most  expedient  and  convenient,  so  as  to  render  the  cost 
of  such  proceedings  as  small  as  practicable.  If  any  ju- 
ror so  summoned  fail  to  appear  according  to  the  sum- 
mons without  reasonable  and  suflficient  excuse,  to  be  ren- 
dered at  the  next  term  of  the  circuit  court  of  his  county, 
he  shall  be  subject  to  a  fine  for  such  default,  to  be  assess- 
tod  by  the  presiding  judge  of  said  court,  of  not  exceeding 


1863.  40 

fifty  dollars,  for  which  judgment  may  be  rendered  against 
him  in  said  court  with  costs,  and  the  return  of  the  eheriflf 
or  his  deputy  on  the  summons  which  may  have  been 
served  on  such  juror,  stating  his  failure  to  appear,  shall 
be  evidence  of  the  default.  The  sheriff,  if  he  shall  fail 
or  wilfully  refuse  to  perform  the  duty  required  of  him 
by  this  section,  shall,  for  every  such  refusal  or  wilful  ne- 
glect be  subject  to  a  fine,  to  be  assessed  by  the  judge  of 
the  circuit  court  of  his  county  presiding,  of  not  less  than 
ten  nor  more  than  fifty  dollars.  If  any  jurors  who  may 
be  summoned  as  aforesaid  fail  to  appear,  or  by  reason  of 
challenge  for  cause  or  otherwise  fail  to  sit,  the  sheriff 
«5hall  forthwith  summons,  if  practicable,  other  competent 
jurors  sufficient  to  complete  the  panel,  and  if  the  jurors 
empaunelled,  a  majority  of  whom  shall  be  competent  to 
render  a  verdict  in  each  and  every  case,  shall  fail  to  ren- 
der a  verdict,  a  new  jury  shall  be  empannelled  in  all  such 
cases  as  soon  as  practicable  thereafter,  and  this  may  be 
done  as  often  as  may  be  required,  until  a  verdict  is  had.  ■ 
When  the  empannelling  of  the  jury  shall  have  been  com- 
pleted, the}""  shall,  as  soon  as  practicable  thereafter,  pro- 
.  ceed  te  inquire  into  the  matter  or  matters  submitted  to 
their  decisions,  and  for  this  purpose  shall  hear  such  tes- 
timony as  to  tliem  may  appear  material  and  pertinent  to 
the  matter  in  issue,  having  taken  an  oatli,  to  be  adminis- 
tered by  the  sheriff,  to  well  and  truly  try  the  case  pend- 
ing and  submitted  to  their  decision,  between  A  B,  com- 
plainants, and  the  Ashby  and  Cahaba  River  Railroad 
Company, 'defendants,  and  that  they  will  take  into  con- 
sideration the  advantages  and  value  which  the  construc- 
tion of  the  railroad  may  give  to  lauds  or  other  property, 
as  well  as  the  injury  said  lands  or  other  property  may 
sustain  by  its  construction  through  or  near  which  it  may 
be  constructed.  The  jur}'  shall  appoint  one  of  their  num- 
ber to  preside  during  the  investigation,  who  shall  have 
power  to  preserve  order  and  administer  oaths  to  witness- 
es, as  he  is  hereby  authorized  and  empowered  to  do,  or 
the  oaths  may  be, administered  by  any  acting  justice  of 
the  peace,  all  witnesses  being  required  to  take  the  ordi- 
nary oath  or  affirmation  administered  by  courts  of  jus- 
tice. When  the  jury  shall  have  made  sjifficient  enquiry 
into  their  estimation  by  inspection  of  the  premises,  and 
by  hearing  testimony  or  by  other  means,  they  shall  pro- 
ceed to  render  their  verdict  in  accordance  with  the  sense 
of  the  majority,  which  verdict  shall  be  certified  by  the 
jurors  assenting  to  it,  and  attested  by  the  sheriff  or  his 


Verdict  on  wrll, 


41  1863. 

deputy,  and  with  the  writ  of  ad  quod  damnum  shall  be 
returned  to  the  clerk  of  thte'.'eaid  circuit  court,  by  whom 
it  shall  be  filed  and  securely  kept  amonc:  the  records  of 
the  court,  and  a  certified  copy  thereof  shall,  when  requir- 
ed, be  delivered  by  the  clerk  to  either  party,  who  shall 
pay  therefor  £\t  the  rate  of  charges  allowed  for  recording, 
which  copy,  in  the  event  of  the  loss  of  the  original  par 
pers,  'shail  be  sufficient  evidence  of  the  finding  of  the 
jury  in  the  case,  the  clerk  certifying  that  a  writ  of  ad 
qnod  damnnm  has  been  duly  issued,  and  annexing  there- 
to the  verdict  of  the  jury  as  returned  to  him,  certifying 
that  it  is  a  true  copy  of  the  verdict,  and  also  setting  forth 
in  his  certificate  (if  not  stated  in  the  verdict)  a  descrip- 
tion of  the  land  to  which  the  verdict  applies.  Every 
verdict  thus  rendered  and  returned  so  soon  as  the  dam- 
ages which  may  bo  awarded  to  the  owTier  or  owners  of 
the  land  condemned,  if  any  bo  awarded,  shall  have  been 
paid,  (and  the  same  if  no  damages  be  awarded)  shidl  vest 
in  said  company,  absolutely,  all  the  right,  title  and  inter- 
est in  the  land  specified  in  the  proceedings,  and  condemn- 
ed, which  the  person  or  persons  with  whom^the  trial  was 
had  or  to  whom  notice  had  been  given  as  hereinafter  pro- 
vided for,  if  claiming  in  their  own  right  may  have  or  pos- 
sess, or  if  not  claiming  in  their  own  right,  then  all  the 
right  and  title  of  the  person  or  persons  by  him  or  them 
represented:  Provided,  however,  that  if  either  party '^''^'^^' 
should  be  dissatisfied  with  the  finding  of  the  jury  the 
dissatisfied  party  nia>'  appeal  to  the  next  term  of  the 
said  circuit  court  after  the  finding,  if  as  much  as  thirty 
days  shall  intervene  between  the  finding  of  the  jufy  and 
the  holding  of  said  court ;  if  not,  then  the  term  of  the 
court  nex.t  after,  when  the  case  shall  be  tried  dc  novo  by 
the  court  and  jury  :  Provided,  the  appealing  party  shall 
give  the  opposite  party  as  much  as  twenty  days'  notice 
of  the  appeal,  and  shall  also  before  the  clerk  of  said  court 
enter  into  bond  and  security,  to  be  approved  by  him, 
payable  to  the  party  appealed  against  in  a  sum  double 
the  amount  of  what  the  clerk  may  estimate  the  probable 
cost,  conditioned  to  pay  the  party  appealed  against  all 
the  coats,  of  the  trial  dc  novo,  as  well  as  the  costs  of  the 
writ  pf  ad  qiiod  damnum,  in  the  event  that  the  finding  of 
the  jury  in  the  trial  de  novo  shall  not  be  more  favorable 
U)  the  ap])ealing  party  than  the  trial  on  the  writ  of  ad 
quod  damnum  in  the  first  instance.  When  the  person  or  n«»'"«'i<^>* 
persons  whoso  claim  or  claims  are  involved  shall  bo  non- 
residents, or  their  residence  shall  be  unknown,  or  the 
6 


1863.  42 

owners  of  the  land  shall  be  unknown,  in  either  of  these 
cases  the  person  or  persons  whose  rights  are  involved 
shall  be  allowed  as  much  as  thirty  days  to  appeal,  reck- 
oning from  the  date  of  the  verdict.  In  all .  other  cases, 
the  appeal  shall  be  taken  in  'thirty  days,  and  in  either 
event,  if  the  party  desiring  to  appeal  neglects  to  do  so 
until  the  timo'allowed  has  expired,  the  judgment  there- 
upon shall  become  conclusive  and  final.  The  said  com- 
pany shall  not  be  hindered  or  delayed  in  the  prosecution 
of  any  portion  of  their  work  by  or  during  the  pendency 
of  these  proceedings,  but  no  title  shall  be  vested  in  the 
company  until  the  proceedings  shall  have  terminated 
and  the  company  shall  have  paid  the  amount  of  damages 
which  shall  be  awarded  against  it,  as  well  as  the  costs 
Payment  to  party  whlch  may  bc  awaidcd  against  it.  All  paj'ments  roquir- 
or  Judge.  ^^  ^|.  ^j^^  company  under  any  proceedings  which  may  be 

had  as  by  this  act  provided,  may  be  paid  directly  to  the 
party  or  parties  entitled  to  receive  payment,  or  else  may 
be  made  to  the  judge  of  the  probate  court  of  the  county 
in  which  the  lands  involved  in  the  proceedings  may  lie, 
for  the  use  of  the  party  entitled,  which  payment  said 
judge  shall  be  bound  to  receive  and'  receipt  for  in  his 
official  character ;  and  the  judge  of  probate,  to  whom 
such  payments  may  be  made,  shall  be  liable  on  his  official 
bond  to  account  for  and  pay  over  to  the  parties  entitled 
all  sums  so  received, 
^o "i^rt"- o'f*'com°  ^^^'  ^^'  "^^  it  ficrtker  encicted,  That  the  said  lands  or 
pany.i  othcr   property,  when  so   condemned  and  estimated  as 

aforesaid,  shall  enure  to  and  become  the  property  of  said 
company  forever  upon  the  payment  by  said  company  of 
the  amount  assessed  by  the  jury  as  provided  for  in  the 
10th  section  of  this  act  to  the  party  claiming  damages  on 
account  of  the  construction  of  said  road  through  said 
lands,  or  for  such  other  property. 

Sec.  12.  Be  it  furtJier  enacted,  That  in  case  any  per- 
injury  to  roau.  ^^^  gj^^^jj  wifully  iujuro  or  obstruct  in  any  degree  the 
sai(^  road  or  roads,  he  shall  forfeit  and  pay  to  the  presi- 
dent and  directors  of  said  company  three  times  the 
amount  of  all  damages  they  may  sustain  in  conse- 
quence thereof,  to  be  sued  for  and  recovered  in  the 
same  manner  as  provided  by  law  for  individuals  in  like 
cases,  and  on  complaint  made  to  any  magistrate  with- 
in whose  jurisdiction  such  offence  shall  or  maj''  have 
been  committed,  it  shall  be  his  duty  thereupon  to  bind 
the  person  or  persons  so  offending  with  sufficient  secu- 
rity for  his  or  their  good  behavior  for  a  period  of  not 


43  1863. 

less  than  one  year,  and  such  offender  shall  also  be  enb- 
jeCt  to  indictment,  and  shall  bo  sentenced,  at  the  dis- 
cretion of  the  court,  to  be  imprisoned  not  less  than  three 
nor  more  than  twelve  months. 

Sec.  13.  Be  it  further  enacted,   That   in  the   construe- Not  to  obstruct 
tion  of   said   railroad,    the.  president   and  directors  of^" 
said  company  shall  not  in   any  way  or  manner  obstruct 
any  public  road  now  established,  but  shall  prepare  con- 
venient passages  to  travel  over  said  railroad. 

Sec.  14.    Be  it  further  enacted,  That  after  the  com-^""' 
pletion  of  said  road,  or  any  part  thereof,  the  said  presi- 
dent arid   directors  may  lay  and   collect  tolls  from  all 
persons,  property,   merchandize  and   other   commodity 
transported  thereon. 

Sec.  15.    Be  it  further  enacted,  That  the  general  as- Rcscrration. 
sembly  reserves  the  right  and   power  to  authorize  the 
construction  of  any  railroad  to  cross  the  one  authorized 
by   this   act,   at  any  point  the  general  assembly  may 
think  proper. 

Approved  August  29,  1863. 


No.  38.]  AN  ACT 

To   amend   the   act  incorporating  the  Alabama  Direct 
Trade  and  Exchange  Company. 

Section  1.  Be  it  enacted  hy  the  Sencde  and  House  of  Rep- 
resentatives  of  the  State  of  Alabama  in  General.  Assembly  f^mctV,^^" 
convened,  That  in  addition  to  the  powers  conferred,  the 
president  and  directors  of  said  company  and  their  suc- 
cessors, be  and  they  are  hereby  authorized  to  invest  in 
war  steamers,  gunboat^  or  other  water  craft,  to  engage 
in  the  volunteer  navy,  or  as  privateers  under  the  laws  of 
the  Confederate  States. 

Sec.  2.  Be  it  further  enacted,  That  said   company  byg^g."""^    "^^ 
their   board   of  president  and  directors  may  purchase 
and  sell  goods,  wares  and  merchandize,  foreign  and  do- 
mestic, as  natural  persons. 

Sec.  3.  Be  it  further  enacted,  That  the  stockholders  in  l^'"""- 
said  Alabama  Direct  Trade  and  Exchange  Company  now 
being,  or  who  may  hereafter  become  sach,  sliall  only  be 
liable  for  the  amount  of  stock  subscribed,  and  no  more. 

Sec.  4.  Be  it  further  enacted,  That  all  laws  and  l>*rt« 
of  laws  in  any  wise  contravening  the  provisions  of  this 
act,  be  and  the  same  are  hereby  repealed. 

Approved  August  29, 1863. 


1863.  44 

No.  89.]  AN  ACT 

To  pay  the  Secretary  of  the  Senate  and  Chief  Clerk 
of  the  House  of  1  Representatives  for  uer vices  thereia 
named.  ■':  ]';  li;-   ■.  '.   P'm-'!!-'  j:i'i  /ah 


$160     appii>iirlu 


Section  1 .  Be  it  enacted  by  the  Senate  and  Hoitse  ofRep^* 
resentcvtives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  sum  of  one  hundred  and  fifty  dollars  bo 
appropriated  each  'to  the  Secretary  of  the  Senate  and 
the  Chief  Clerk  of  the  House  of  Representatives,  for 
completing  the  journals  of  their  respective  houses,  ar- 
ranging and  filing  away  papers  in  pcoper  order  fcirthe 
next  session  of  the  general  assembly.         !•  •'•      "   ■-   "• 

Approved  August  29,  1863.  '- 

■■■t 


No.  40.]  AN  ACT 

For    the    relief  of  ElUnE.' Robinson   and   Eliz:abeth 

Main. 

Section  1.  Be  it  enacted  by  the  Senate  and  Souse  of  Bep- 
Robinsou   miido  resentatives  of  the  State  of  Alabama  in  General  Assembly 
fnoaoaier.        cwivened,  That  hereafter  Ellen  E.  Robinson,  the  wife  of 
W.  T.  Robinson,   of  Montgomery  county,  be  authorized 
^  to  make  contracts   and   acquire  and  hold  property,  and 

deal  generally  inshei^'-oWii  name  as  jf  she  was  sole  and 
unmarried.  m:'-'  -!'■■;:.   \     ^^    ■         • 

1"  Sec.  2.  Be  it  further  enacted,  That  all  property  acquired 
,.  by  her  under  the. pro  visions  of  this  act  shall  be  held  by  her 
ftoporty  Boic. . .  j'qj.  her  sole  and  separate  use,  free  from  the  control  of  her 
said  husband,  and  not  liable  in  any  mannor  for  his  debtSj' 
contracts  or  engagements  eitlier  present  or  future.      '  ;iV 
Sec.  3.  Be  it  further  enacted,  That  upon  all  contracts 
Muybosuod.      made  by  the  said  Ellen  E.  Robinson,  who  may  sue  or  be 
sued,  as  if  she  was  sole  and  unmarried,  without  joining  her 
said  husband  with  her  in  such  suits,  and  that  she   may 
maintain  actions  in  her  own  name  alone  to  recover  prop- 
erty acquired  by  her  under  this  act,  or  for  injuries  done 
to  such  property,  and  that  she  niay  also  be  sued  and  made 
liable  in  her  own  name  alone  for  injuries  done  by  h6r  to 
the  property  of  other  persons.  ■  '  •'        ■         ;  • 

Sec.  4.  Be  it  further  enacted,  That  all  the  benefits  and 
Main  entitled,     provisions  of  this  act  shall  extend  to  and  be  enjoyed  by 


45  1868. 

Elizabeth  Main,  tUo.wife  of  Travis  Main,  of  Covington 

county.  

Approved  August  29,  1863. 


No.  41.]  .  A2^   ACT 

For  the  relief  of  a  person  therein  named. 

Skction  1.  Be  itenact^'h'y  fht  Senate  and  Hous6  ^f  Rep- 
resentatives of  the, State  of  Alabama  in  GuK^ral  Asset^ihty  i\m^{\ aw<^\<fSr 
convened,  Thatthfe  Comptroller  of  public  accounts  bo  and  *"^' 
ho  is  hereby  required  to  draw  his  warrant  on  the  State 
treasurer  for  the  sum  of  one  hundred  and  ninety-eight 
dollars  and  a  half,  in'  favcfr  of  Charles  A.  Toney,  the 
above , amount  having  been  paid  out. by  J.  W.  Lathajii' 
for  amunition  to  be  ttsed  in  dcifqufefe  bf  the' State, "dridtliis 
account  transferred  to  said  Toncv.  ' ' 

Approved  August  27, 1863.    "  " 


No.  42.]  AN  ACTv  '.^    u^* 


^ 


For  the   relief;  of  Wiley  J,,  Gbjkfman,  of  Choctaw 

coutity. ,  * 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
pesentatives  of  the  Stale  of  Alabama  in  General  Assembly  ^^^^^  ^''^''^^'"^' 
convened,  That  the  coraptroljev  be  and  he  is  hereby, au- 
thorized to  draw  his  warrant  on  the  treasurer  in  favor  of 
Wiley  J.  Coleman,  late  tax  collector  of  Choctaw  county, 
for  the  sum  of  Ave  hundred  and  eighty-six  dollars  and 
forty-eight  cents,  which  he, improperly  paid  as  tax  cplleo' 
tor  to  the  comptroller,  for  taxes  assessed  in  the  year 
1861,  and,  which  ought  to  be  refunded  tp.him. 

Approved  August  29,  1863.  ,/.'^^ 


No.  43.]  AN  ACT 

For  the  relief  of  R.  R.  Pickering  and  James  L,  TerrcH, 
ft«  BK^cutrtrs  of  John  D.  Catlin,  deoeaaod,  late  of  Ma- 
rengo county 

Section  1.  Be  it  enaded  hy  the  Senate  and  Souse  of  Hep' 


f  r  tf;  ,. 


1863.  46 

Ececntopsmtyin^^^^^''''^^  (/  tJic  State  cf  Alabama  in  General  Assembly 
▼e«»-  convened,  That  R.  R.  Pickering  and  James  L.  Terrell,  as 

executors  of  the  last  will  and  testament  of  John  D.  Cat- 
lin,  deceased,  late  of  Marengo  county,  be  and  are  hereby 
authorized  and  empowered  to  vest  any  moneys  of  the 
estate  of  their  said  testator,  now  in,  or  which  may  come 
to  their  hands  in  bonds  of  the  State  of  Alabama,  or  of  the 
Confederate  States  of  America. 
Approved  August  29,  1863. 


Preamble. 


Maf  give  bond. 


No.  44.]  AN  ACT 

For  the  relief  of  P.  M.  Frazier  and  P.  A.  Brandon. 

Wheras,  Patrick  M.  Frazier  has  been  elected  sheriff, 
and  Philip  A.  Brandon  has  been  elected  clerk  of  the  cir- 
cuit court  of  the  county  of  DeKalb,  in  this  State,  and 
whereas  both  of  said  persons  were  at  the  time  in  the  ac- 
tual military  service  of  the  Confederate  States,  and  were 
unable  to  get  home  within  the  time  prescribed  by  law, 
in  which  to  make  their  respective  official  bonds,  there- 
fore 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  AssemUy 
convened,  That  it  shall  be  lawful  for  the  said  Frazier  and 
Brandon  to  execute  their  respective  official  bonds,  condi- 
tioned and  approved  as  now  required  by  law,  and  to  be 
as  valid  and  binding  as  if  the  same  had  been  filed  within 
the  time  prescribed  by  the  code  of  Alabama,  any  law  to 
the  contrary  notwithstanding. 

Approved  August  27,  1863. 


No.  45.]  AN  ACT 

For  the   relief  of  the   indigent  families   of   soldiers  in 
Washington   county. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
^msr'g  'Court  convened,  That   the  court  of  county   commissioners    of 
nwy  orro^  mo  "^^gyjQg^Qjj  couuty,  be  and  is  hereby  authorized  to  bor- 
''  rpw  a  sum  of  money  not  exceeding  ten  thousand  dollars, 


47  1863. 

and  to  appropriate  the  same  to  the  support  of  the  indi- 
gent famihes  of  soldiers  in  said  county  as  directed  by  the 
act  entitled  "  an  act  to  provide  for  the  support  of  indi- 
gent families  of  soldiers  in  the  army  of  the  Confederate 
States  from  the  State  of  Alabama. 

Sic.  2.  Be  it  further  enacted,  That  the]courtof  county 
commissioners  of  Washington  county,  be  and  is  hereby  ^/  ^""^  '''*'''*' 
authorized  to  lev}^  a  specirl  tax  in  said  county,  not  ex- 
ceeding in  any  one  year  fifty  per  cent,  on  the  State  tax, 
for  the  purpose  of  repajnng  any  sum  that  may  bo  bor- 
rowed under  the  first  section  of  this  act. 

Approved,  August  27,  1863. 


No  46.]  ,     AN  ACT 

To  provide  compensation  to  the  doorkeeper  and  other 
officers  therein  named  of  the  two  Houses  at  the  pres- 
ent sessic^. 

Section  1 .  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assenmy  ,2  per  aay     ' 
convened,  That  the  doorkeepers  of  the  Senate  and  House 
of  Representatives  shall  be  entitled  to  receive  in  addi- 
tion to  the  compensation   now   allowed  by  law,  two  dol- 
lars per  day  during  the  present  session  of  the  General 
Assembly  ;  that  the  assistant  clerk  and  engrossing  clerk  »2  per  d»y  addi 
of  the  house,  and  the   assistant  secretay  of  the  senate,  ''°°*' 
shall  each  receive  two  dollars  per  day  in  addition  to  the 
■amount  now  allowed  by  law. 
!     Approved  August  2*9, 1863. 


No.  47.]  AN  ACT. 

For  the  relief  of  William  B.  Robinson,  of  Tuscaloosa. 

'  Sbotion^  1.  Be  it  enacted  by  the  Senate  and  House  of  Bep- 
^resentatives  of  tlie  State  of  Alabama  in  General  Assembly  ^°^^^^ 
convened^  That  the  coniptrcilrr  of  public  accounts  be  and 
he  is  hereby  authorized  and  required  to  draw  his  war- 
rant on  the  State  treasuror  in  favor  of  William  B.  Rob- 
inson, for  tho  sum  of  six  thousand  five  hundred  sftid  sev- 


1863.  48 

enty  dollars,  (*6,570)  the  said  sum  being  a  balance  due 
«8ft8.I       lor  extra  -work  done  on  the  ',i|isane  hospital. 
.".-     .      Apprpvetl  August  27,  1863. 


Na.48.1.  .  ■  ANACT. 

F-oyifcheiroli^i".  .'of  the  Q-a9iI/ight  Company  of^  Selm^  ^nd 
ot  Ji#^"  •  gJiS:Q.on)p  tvniiej^i 

Section  1.  JJc  it  eiioGied  hy  ihc  Senate  and  House  of  Rep- 
resentativfis  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  during  the  war,,  and  for  twelve  months  a^ 

May  incmistf      tcf  tho  declaration  ef  j[)eace  with  the  United  States,.,  the'  . 

charge.  Sclma  Ga8  Light  Company,  and  other  gas  light  compan- 

ies in  this  State,  are  hereby  authorized  to  charge  the 
same  prices  for  gas,  gas  fixtures  and  fittings  as  the  gas 
light  companies  of  the  cities  of  Montgomerv  and  Mpbijo 
are  now  legally  authorized  to  charge.  '  '>  *''^'-< 

Approved  August  27,  1863. 

Nq,49.1  ANACT 

MkilQgti|^|ir6]i'rVi^iqti't^^^^         Joel  White  aiM  5-  B.  B^is 


for  st 

M.N 


tcitionery'f\ltni^li6d  thfe'Sta'^e'  of' Alabama  and  M. 

Section  1 .  B&it  tddcied'  hy  '{he  SermdeH^t BhSise,  if  Bep- 
resentatiiies  of  the- State  of  Alabama  in  General  Assembly 
dohvehed,  That  the  comptroller  of  public  accounts  be  and 

sfso'.'.  White,  ho  is  hereby  authorized  arid  required  to  draw  his  war- 
rant on  the  State  treasurer  for  the  sum  of  eight  hundred 
and  two  dollars  in  favor  of  Joel  White,  in  ^mymorit  of 
stationery  furnislied  the  State. 

Sec.  2.   Be  it  further  enacted,   That  the  comptroller  of 

«124.S6.  Davis.  pubUc  accouts  is  hereby  authorized  and  recjuired  to  draw 
his  warrant  in  like  manner. in  fayor  of  Ben].  B.  Dayis,  fpr 
the  sum  of  \)nc  hundred  and  twenty-four  dollars' and  thir- 
ty-fi.v,e,'jCeJAtP,  ill  .payment  for ;  stationery  furo-ished  the 
•State. 

Sec.  3.   Beit  further  enacted,  That  the  comptroller  of 

«5.  II  M.  Kau.  public ';  accounts  is  hereby  authorized  and  required  to 
dr^w  his  warrant  in  like  manner  in  favoriof  M.  M.  Nail, 


■,-;j,i  .^,%ii  L^;i;'Mu  t  Ji-,-  v^:>.-,iSOi.'..  ^»iy>  ,>-:.t-''i'-u  .i. 


49  1863. 


fcr  the  sum  of  fivo  dollars  in  payment  for  box  rent  in  the 
postoffice  for  the  use  of  the  members   of  the  House  of 
Representatives. 
Approved  August  29,  1863. 

No  50.]  AN  ACT 

To  divorce  Lemons  Box  from  his  wife  Rutha  Box. 

Section  1.  Be  it  enacted,  by  th/i  Senate  ajid  House  of  Rep-  uor  aiTorond. 
r6$entatives  cf  tlxe  State  of  Alabavia  in  General  Assembly 
C07ivcAcd,  That  Lemons  B(ix  be  and  he  is  hereby  divorced 
from  his  wife  Rutha  Box,  pursuant  to  a  decree  of  of  the 
chancery  court  of  the  eleventh  district,  southern  division, 
made  at  the  November  term  1860  thereof. 

Approved  August  27, 1863. 


No  51.]  >.ANlACffi>feilii   l¥lJol 

To  divorce, Moses  Jones  from  his  wife  Sarah  .Ann  Jonas. 

Sectiox  1.  Bt*  {{  enacted  by  the  Senate  amid  Ilo'U^e  of  iteA' 
reMnfatives  of  the  Sfnte  of  Alaharna  in  General  Assembly 
cojivened,  That  iu  pursuance  of  a  decree  of  the  chancery  J«ae«  4iTorc*i. 
court  for  the  eleventh  dintrict  of  the  southern  chancery  '"^81.  lo  oiul 
division  of  the  State  of  Alabama,  at. the  May  term  I860    '"'•    •"':  V. 
thereof,  Moses  Jonos  be  and  he  is  hereby  divorced  from  :■' 

his  wife  Sarah  Ann  .Tones. 

Approved  August  27,  1863. 

4  1) 

'II 

il 

.  \ 

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vmVj  i 


JOINT     RESOLUTIOIsrS 


OP  THE  CALLED  SESSION; 


JOINT  RESOLUTIONS. 

To  equalize  Taxation  for   the   support  of  indigent  families  of  sol- 
diers, and  to  support  the  same  by  the  State. 

Whereas,  the  appropriation  made  at  the  session  of  the  legisla- 
ture of  1862,  and  approved  November  12th,  1862,  for  the  support 
of  the  indigent  families  of  soldiers  has  been  found  insufficient  for 
said  object ;  and  whereas,  in  consequence  of  said  insufficiency  the 
commissioners'  courts  of  the  various  counties  of  the  State  have 
been  compelled  to  levy  an  additional  tax  to  supply  the  deficit  of 
said  appropriation  for  the  support  of  said  families  ;  and  whereas 
the  counties  furnishing  the  largest  number  of  soldiers  are  in  the 
main  the  least  able  to  supply  said  deficit,  in  consequence  whereof 
the  said  families  in  some  of  the  counties  are  very- inadequately  sup- 
ported, and  whereas,  all  the  soldiers  of  the  State  are  alike  battling 
for  the  rights  and  liberties  of  the  State  and  Confederacy,  therefore 
be  it 

1.  JResolved  by  the  Senate  and  House  of  Rejyresentaiives  of  the  State 
of  Alabama,  in  General  AssemUy  convened,  That  the  indigent 
families  of  soldiers  of  this  State  be  treated  with  the  same  considera- 
tion, and  that  taxation  for  the  support  of  the  same  be  equally  borne 
by  the  people  of  the  State,  and  an  amount  necessary  for  such  sup- 
port be  appropriated  from  the  treasury  of  the  State, 


61 

2.  JBe  it  further  resolvedy  That  for  the  purpose  of  ascertaining 
the  appropriation  necessary  to  be  made,  the  comptroller  be  instruct- 
ed to  obtain  from  the  various  judges  of  probate  of  the  State  the 
respectire  amounts  raised  by  the  several  counties  of  the  State, 
together  with  an  estimate  of  the  amount  of  funds  that  will  be  re- 
quired for  the  support  of  such  families  during  the  ensuing  year,  and 
report  the  same  to  this  body  at  its  next  regular  session. 

Approi'ed  August  27, 1863. 


JOINT  RESOLUTIONS 

In  relation  to  the  increase  of  the  Army  of  the  Confederate  States. 

Whereas,  the  Confederate  Government  demands  the  services  of 
all  persous  subject  to  conscription  to  fill  up  the  ranks  of  our  regi- 
ments now  in  the  field,  and  our  State  taxed  to  its  utmost  to  furnish 
troops  for  State  defense  ;  and  whereas,  there  are  large  numbers  of 
able-bodied  nren  connected  with  the  array  of  the  Confederate  States 
on  service  as  clerks,  agents,  d'c,  of  post  or  district  quartermasters 
or  commissary,  or  are  otherwise  employed  than  in  active  military  ser- 
vice ;  and  whereas,  our  army  has  been  greatly  reduced  on  account  of 
the  numberless  details  of  soldiers  to  labor  in  government  workshops 
and  other  places,  and  upon  railroads,  performing  such  work  as  oan 
be  and  has  usually  been  rendered  by  slaves. 

1.  B^  it  resolved  by  the  Senate  and  House  of  Rcpre^ientatives  of  the 
State,  of  Alabama  in  General  AssemiAy  convened,  That  in  the 
opinion  of  this  general  assembly  public  sentiment  and  the  exigen-. 
cies  of  the  country  require  that  all  able-bodied  men  in  the  service 
of  the  Confederate  States  as  clerks,  or  employed  in  any  other  capaci- 
ty in  any  of  the  miartermaster  or  commissary  departments  of  the 
government,  should  be  put  into  active  military  service  without  delay, 
and  that  their  places  should  be  filled  with  soldiers  or  citizens  who 
are  unfit  for  active  military  service. 

2.  Be  it  further  rejtolved,  That  this  general  assembly'  are  of  the 
opinion  that  the  details  of  soldiers  from  the  army  to  labor  in  work- 
shops, foundries,  and  other  places,  and  upon  railroads,  have  been  en- 
tirely too  numerous,  and  in  many  instances  useless,  and  that  in  the 
opinion  of  this  body  slaves  should  bo  required  by  the  Confederate 
States  to  take  the  places  of  all  those  soldiers  who  are  detailed  to  labor 
in  the  places  herein  mentioned,  when  it  c^n  be  done  without  pre- 
judice to  the  service,  and  that  prompt  and  efficient  measures  should 
at  onc^  be  adopted  to  effect  these  purposes, 


62 

^^^.^  Be  it  furtJiiT  rCTblvrdf/ That  this  ^efrefal  ass^m'bly  eatnefltlj 
calTs  the  attention  of  the  President  and  Secretary  of  War  of  the 
Confederate  States  to  this  subject  as  requiring  immediate  and  ener- 
getic action  on  the  part' of  the  government.'        "  ' 

A.  Beit  further  rrsolved^ThoX  this  general  a'sfcembly  recommend 
to  CongresB  such  a  modification  of  the  exemption  law  as  will  correct 
the  evils  herein  naitiediidnd  thereby  increase  the  p-trength  of  our 
military  force.  '     '  .  .  .  *• 

5.  Be  it  further  resolved,  That  in  view  of  the  fact  that  the  govern- 
ment of  the  United  States  has  determined  to  "jJtit  in  the  field  negro 
soldiers,  and  are  enlisting  and  drafting  the  slaves  of  the  people  of 
the  South,  this  general  assembly  submits. for  the  consideration  of 
Congress  the  propriety  and  policy  of  using  in  some  effective  w^y  a 
certain  per  centage  of  the  male  slave  population  of  the  Confederate 
States,  and  to  perform  such  service,  as  Congress  may  by  law  direct. 

6.  Be  it  furtlier  resolved,  That  the  Governor  transmit  a  copy  of 

these  resolutions  to  the  President  of  the    Confederate  States,  the 

Secretary  of  War,  and  a  copy  to  each  of  our  SenatbrM  and  RepreSsen' 

tatives  from  this  State  in  the  Confed^tate  CongreslgiJ  '       ■  '.     ' 

'   Approved  August  29,  1863.  ^''•"''  '''•"'  '"'"  •"**''  .'*«i»'iW':*"  »"•«>«  •" 
-     ■^-    '-■'■       .         ■  -;  ,.i^frt/.a-«  •.{;.(!*!  ;;>«!-■!  ■.!     vi^^.n.,*.      , 

'   JOINT  RESOLUTIONS 

In  relation  to  the  War  between  the  Confederate  States  and  the  Uni" 
•.>*M  v-)  ftSM,  ted  States.  .      . 

*>i\i  '";■■■  .     ^, 

.  ''l;'  Resolved  by  the  Senate  and  House  of  Representatives  of  the  State 
of  Alahama  in  General  AssemUy  convened,  That  the  war  now  being 
waged  against  the  people  and  upon  the  property  of  the  Confederate 
States  by  the  United  States,  is  unprovoked  and  unjust,  and  is  boin^ 
conducted  by  our  enemies  in  utter  disregard  of  the  principles  which 
should  control  and  regulate  civilized  warfare  ;  that  our  oft  repeated 
purpose  never  to  submit  to  abolition  rule  remains  unshaken  ;  that 
our  late  reverses  not  being  attributable  to  any  want'  of  courage  or 
heroic  self-sacrifice  on  the  part  of  our  brave  armies,  should  not  dis^ 
courage  our  people  or  produce  doubt  as  to  our  final  success ;  and 
that  we  hereby  pledge  to  the  cause  of  independence  and  perpetual 
separation  from  the  United  States  all  the  resources  of  the'  State  of 
Alabama.  •  •^•-  "^^  "  '■  •  :  •■'.«•  >•:  -i-t  •jmIv.  J./.v»h  ii^  •ji;^  *yj!:,'\  «Kf  .':yh;1r: 
2.  Be  it  further  resolved,  "i'haft'in  o^def  toinfeure  a  s|>e^d;f 'tritrMph 
of  our  cause  and  the  firm  establishment  of  our  independence,  it  is 
the  paramount  duty  of  every  citizen  in  the  Confederate  States  to 


53 

sustain,  invigorate  and  render  effective  our  gallant  armies  to  the 
full  extent  of  his  ability  by  onconraging  onlistmcutft,  by  furnishing 
subsistence  to  the  families  of  soldiers  at  prices  corresponding  with 
the  means  of  such  families,  and  by  upholding  the  credit  and  curren- 
cy of  the  Confederate  Government ;  and  that  to  dishearten  the  peo- 
ple and  the  soldiers  at  a  period  like  this,  to  enfeeble  the  springs  of 
action  and  destroy  the  elasticity  requisite  to  rise  superior  to  the 
pressure  of  adverse  circumstances,  is  to  strike  the  most  insidious  and 
yet  the  most  fatal  blow  at  the  very  life  of  the  Confederacy. 
Approved  August  29th,  1863. 


JOINT  RESOLUTIONS 

Providing  for  the  purchase  of  Stationery  and  Fuel. 

1.  Be  it  i^Mdtf^  hpth&  Smate  and  HoU.i&  of  Re\yr^ntatives  of  the. 
St<Me  of  .Alabama  in  Oeneral  Assembly  contwicd,  That  the  sum  of 
two  thousand  five  hundred  dollars,  or  as  much  tliereof  as  may  bo 
Lecegflary,  be  and  the  same  is  hereby  ap]>ropriatcd  for  the  purchase 
of  stationery  and  fuel  for  the  use  of  the  State.  '  ..      •    .     i'/-  •:  -• 

2.  Be  it  further  resolved,  That  tlic  comptroller  of  public  accousts 
issue  his  Warrant  in  favor  of  the  Secretary  of  State  for  the  forego- 
ing aiuount,  to  be  paid  out  of  any  money  in  the  Treasury  not  other- 
wise appropriated  ;  Provided,  That  the  vouchers  for  purchases  un- 
der this  appropriation  shall  be  filed  in  the  comptroller's  office. 

Approved  August  29,  1863. 


JOINT  RESOLUTION 

Instructing  our  Senators  and  requesting  our  Representatives  to  pro- 
cure the  passage  of  a  law  paying  for  horses  lost  in  the  war. 

\.'BeH  resolved  by  the.  Senate  atid  Hoit*e  of  Represenkdives  of  the 
State  of  Alabama  in  Geiwral  Assembly  convened,  That  our  Senators 
in  the  Congrosa  of  the  Confederate  States  be  instructed,  and  our 
Representatives  be  recjucf^ted  to  use  all  honorable  means  to  secure 
the  passafre  of  a  law  providing  for  the  payment  of  horses  lost  in  the 
military  service  of  the  Confederate  States  by  unavoidable  accident 
or  captured  by  the  enemy. 

Approved  August  27,  1863. 


OFFICE  OF  SECRETARY  OF  STATE,     ) 

Montgomery,  Alabama,  September  22d,  1863.  j 

I  hereby  certify  that  the  foregoing  Acts  and  Joint  Resohitions  are 
correct  copies  from  the  original  roils  on  file  in  this  office. 

P.  H.  BRITTAIN, 

Secretary  of  State. 


LAWS  OF  ALABAMA. 


ACTS  OF  THE  THIRD  ANNUAL  SESSION. 


No.  52.]  AN  ACT 

To  repeal  certain  acts  regulating  judicial  proceedings, 
and  for  other  purposes. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
rfMntativts  of  the  State  of  Alabama  in   General  Assenmy  J^^^^^^^  ^^  ^^^^  ^^ 
convened.  That  an  act  entitled  "  An  act  to  regulate  judicial  i8«i- 
proceedings,  and  for  other  purposes,"  approved  February 
8th,  1861  :  "  An  act  explanatory  of  the  said  act,"  approved 
February  9th,  1861,  and  "An  act  entitled  an  act  to  regulate 
judicial  proceedings,"  approved  December  9th.  1861,  be 
and  the  same  are  hereby  repealed  :  Provided,  That  all  g^Ddt  in  rorco. 
bonds  taken  in  pursuance  of  either  of  said  acts  shall  re- 
main valid,  and  may  be  enforced  according  to  the  provis- 
ions of  said  acts,  or  as  may  be  otherwise  provided  by  law: 
And 'provided  further ,  That  all  liens  on  judgments,  de-j^.^^^^    rewrved 
crees  and  forfeited  bonds  acquired  under  said  act,  be  and 
the  same  are  hereby  preserved  and  maintained,  and  not 
in  any  word  affected  by  the  repeal  of  said  act,  or  any  pro- 
viwons  coDtained  in  this  act,  except  as  hereinafter  pro- 
vided. 

Sec.  2.  Be  it  further  enacted,  Tlmt  no  judgment  or  de- 
cree, except  in  attachment  cases,  issued  for  any  cause  ^<»  Ju<i(n»eBi 
other  than  non-residence,  shall  be  rendered  against  any  3I[!,°«m^  "*' 
person  who  if  at  the  time  in  the  actual  military  or  naTid 


1863.  ,56 

service  of  this  State,  under  the  call  of  the  Govemo^,  or 
in  the  actual  military  or  naval  service  of  the  Confederate 
States,  until  one  year  after  he  shall  be  discharged  from 
K«r  •leaution.    ^^^li  service  ;  nor  shall  any  execution  issue  on  any  judg- 
ment or  decree  heretofore  rendered  against  any  person 
Mortgaged  pr»-  80  engaged,  uor  shall  any  property  conveyed  by  deed  in 
&."wh.u"raay' trust  or  mortgage,  for  the  security  of  debts,  be  sold  by 
be  gold.  virtue  of  aBiy/|)qtw^jr  pf  etde  therein,  while   tlie  maker 

thereof  is, ijPijjeryicefailB  laiof esaid,  or  for  ©ac,  year  there- 
after, unless  the  said  mortgagee  or  trustee  has  the  actual 
possession  of  such  property,  or  the  written  assent  of  such 
debtor  ;  Provided,  That  the  benefit  of  this  section  shall 
not  extend  to  county  reserves  nor  to  person*  who  have 
volunteered  for  local  defence,  and  who  are  not  required 
by  thp  .tgriiig:  or  condjitfionp  ofi  ^|c|ti'|  s^iyj^b  t9  j  leaivq  /the 
county  of  his  residence. 

Sec.  3-  Be  it  further  enacted,  That  on  all  executions 
Plaintiff  s  Hssentthat  sliall  hereafter  issue  on  any  judgment  or  decree  for 
Ira'u  *nnt^o6^°pre- the  collcction  of  moncy,  the  plaintiff's  assent  to  receive 
■umed  uuiMs  io.  g^j^^Q  or  Confederate  treasmy  notes  shall  be  presumed, 
unless  he  shall  write,  or  cause  to.ibe  written  on  such  •exe- 
cution, before  payment  to  the  officer,  a  demand  for  gold 
of  silver,  or  .its  ecjuivalent,  and  any  ofificexjiito,  w,lio^9\- 
hands  aiiy  execution  shall  hereq,fter  come,  is  hereby  au- 
thorized, without  liability  on  his  part,  to  receives  in  sat- 
isfaction of  the  same,  the  treasury  notes  of  the  Confede- 
rate States,  or  the  treasury  notes  of  this  State,  without 
further  notice,  to  the  plaiijt  iff,^  unless  a  Remand,  as.  afore- 
said, is,  written    pn.  said  , execution,    ..And  in.  all  cases 
Ei«<:iuic.:i  return^  vvliere  gold  or  sllver,  or.  any  .other,  paynieat  J3  demanded, 
dJiaudsd'."'"'  'except  'Coufederate.  notes »!of  .State  treasury  notes,  the 
sheriff  or  officer  holdiDg,  iuch  execution  shall  immediately^ ,, 
return  the  same  with  his  endorsement  thereon,  **  stayeo,^ 
by  operation  of  law,"  and  no  other  ex,ecutioii  shall  issue  j 
on  such  judgment  or  decree  until  one  year  after  the  ter-. 
mination  of  the  present,  war,  and  shall  bear  ^interest  only 
at  the  rate  of  two  per  cent,  per  annum  from  the  date  of 
interMt  and  "«°  g^j^  ■re|;uj.jj^  ancl  shall  lose  the  lieu  heretofore  given  by 

law  to  executions.  And  all  decrees  in  chancery  for  the;j 
9am»  niu  iii  sale  of  any  property  under  any  deed  in  trust,  pr  other- ^^ 
no»,yca«e8.  .^-jgg  f^j.  the  paj'^^mcut  pf  dcbts,  the  complaiuantls  assent 
tp  receive  the' treasury  notes  of  the  Confederate  States, 
or  pf  this  State,  shall  be  presumed,  and  the  register  is 
hereby  authorised,  without  liability  on  .jiis  part,  to  sell 
for  and  receive  such  notes,  unless  gold  and  silver  or  its 
equjcvalenf,  Jbe  .demanded' in  w^^  and  when  such  de- 


57  1863. 

mand  is  made,  all  further  pro(Jeedings  shall  be  stayed 

until  one  year  after  the  war,  and  interest  only  at  the  rate  interest. 

of  one  half  of  one  per  cent,  thereon  shall  be  allowed  froKi 

and  after  such  demand.     And  all  execnitions  now  in  tlie,jjg^.„",^„g  j„  ^^ 

hands  of  any  8herifi',or  coroner,  or  constable,  on  which  the  ramrueu. 

plaintiff  or  his  att<:)rney  has  not  writt<3n  hig  assent  to 

receive  Confederate  or  State  notes,  and  refuses  to  give 

his  assent  to  such  officer,  shall  be  returned  to  the  proper 

court  witliout  further  action,  with  his  endorsement,  "re* 

turned  for  further  orders."     Frovided,  That  in  •all  casos* ';|,*;;-"L''r,i"r'' .it' 

where  gold  and  silver  is  demanded,  the  plaintiff  shall  be  aife'"'^"  ot^i^i'i'''" 

liberty  at  any  time  to  revoke  his  said  order,  and  obt;nn 

an  execution  for  all  or  any  part  of  his  said  execution  or 

decree,  as  he  sli;ill  indicate  in  writing,  payable  in  Conted'' 

erate  or  State  treasury  notes.  ■         ',  <       "'  * 

Sec.  4  Be  it  further  enactrd..  That  no  property  shall  be 
hereafter  sold  under  any  power  of  sale  in  any  mortgage  Xo 3.110  of  mo;t 
or  deed  in  trust,  where  it  shall  appear  that  the  debtor  irtfviul^^cndc/'' 
such  mortgage  or  deed  in  trust  has  offered  to  the  holder  "'"^''' 
of  such  indebtedness  payment  in  Confederate  or  State 
treasury  notes,  unless  such  mortgagee  or  trustee,  or  per- 
son entitled  to  receive  the  money,  shall,  before  sale,  noti- 
fy the   grantor  in  such  mortgage  or  deed  in    trust,  of 
his  willingness  then  toreceive'payment  in  such  treasury 
notes,  and  in  that  case,  if  said  debtor  or  grantor  shall  de- 
cline to  make  such  payment  in  thirty  days  after  such 
notice,  the  sale  may  proceed  ;  Provided  the  sale  is  for 
Confederate  treasurv  notes,  or  the  treasury  iibtes  of 'this 
State.  ^  '  •■     \:  ••■<    V.^V...-.'-. 

Sec.  5.  Be  it  further  enacted,  That  all  judgments  and' 
decrees  now  existing  in  any  court  of  record  in  this  State,  jnfieniciits,  &c., 
or  which  may  hereafter  exist,  shall  be  and  operate  a  lien *''''"• 
upon  all  property  of  the  defendant  or  defendants  therein 
from  the  date  of  their  rendition,  except  such  property  as 
may  bo  exempt  from  levy  and  f>alc  under  legal  process  in 
this  State  for  the  benefit  of  families.  •'        ' 

Sec.  (>.  Be  it  furtlier  enacted,  'V\\nt  if  the  defendant  in 
such  judgment,  decree  or  forfeited  bond  shall  tender  pay-, ^,„  f^,.,,.,j., 
ment  of  the  amount  thereon  to  the  creditor  therein,  or 
his  attorney  of  record,  in  current  bunk  notes  or  in  trea- 
sury notes  of  the  Confederate  States  or  of  this  State,  and 
the  creditor  Or  attorney  shall  refuse'  to'  receive  them  at 
par  value,  the  lien  of  au<th  judgment,  decree  or'  forfeited 
bond,  and  of  all  executions  thereon  shall  thereby  bO' dis- 
charged and  prevented. 

Approved  December  8, 1863. 


1863.  ,  68 

No.  63.]  AN  ACT 

For   the   protection    of   Attorneys,   Agents,   and  othdF 
Officers  in  this  State. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
be"digm'8sed  \°  re*entativ€8  of  the  State  of  Alabama  in  General  Assemily 
^mxiJ  '"^  ****"  convened,  That  from  and  after  the  passage  of  this  act,  if 
any  suit  at  law,  or  in  equity,  shall  be  instituted  in  any  of 
the  coui^s  of  this  State,  against  any  attorney,   agent, 
judge,  clerk,  sheriff  or  other  officer,  for  a  failure  to  col- 
lect or  pay  over  any  money  aliedged  to  have  been  col- 
lected by  them,  or  which  they  have  failed  to  collect,  if 
it  shall  appear,  on  the  trial   of  any  such  cause,  that  such 
attorne}',  agent,  judge,  clerk,  sheriff,  or  other  officer,  on 
demand  being  made  of  them,  offered  to  pay  the  same  in 
Confederate  Treasury  Notes,  or  Treasury  Notes  of  this 
State,  the  court  trying  said  cause  shall  dismiss  the  same, 
and  shall  render  judgment  for  cost  against  the  plaintiff. 
Approved  December  8,  1863. 


SiiitK  ::%  at   com- 
mon  law 


No.  54.]  AN  ACT  if' 

To  authorize .  the  action  of  Ejectment. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep' 
resentativrs  (f  the  State  of  Alabama  in  General  Assembly 
convened,  That  no  part  of  the  laws  of  this  State  shall  bo 
so  construed  as  to  abolish  the  actioii  c^i  Ejectment,  Ti,^ 
ejitablished  at  common  law,  and  in  all  suits  to  recorer 
Irind  or  the  ])asiies^Bioii  thereof,  the  plantiff  sliall  hare  his 
election  whether  to  proceed  by  the  writ  of  ejectment, 
or  bv  writ  in  the  nature  of  an  action  of  ejectment,  as 
provided  by  section  2209  &  2210  of  the  Code. 

Sec.  2.  Be.  it  further  enacted,  That  whenever  the  de- 
fV'ii(i:int  demands  an  abstract  of  plaintiff's  title  under 
mtiuiai.'  '  '  .->ft:!i<>ii  2211,  of  the  i.  iidi%  he  .^hnll  tender  within  ten  days 
thereafter,  if  the  plaintiff  demands  it,  an  abstract,  id 
writing,  of  the  title  or  titles  on  which  hf  will  raly  for 
defence,  and  on  the  trial  shall  be  confined  to  the  title  or 
titles  embraced  in  such  abstract. 

Approved  November  19,  1863. 


69  1863. 

No.  65.]  AN  ACT 

To  enable  married  women  the  more  effectually  to  recover    • 
property  secured  to  them  by  the  Code. 

Section  1.  Br  it  enacted  hy  the  S/^nate  and  Houte  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  when  w  married  woman  institute;*  her  "^■^•"*'^"»';"« 
suit  in  the  Court  of  Chancery  agjiinst  her  hmband.  tor 
th©  recovery  of  personal  property  secured  to  her  br  the 
Code,  or  lor  the  purpose  of  deprivinp:!  him  of  any  right 
or  interest  therein,  upon  affidavit  being  made  by  her 
before  the  Register,  of  the  court  where  suit  is  com- 
menced, that  the  property  is  in  danger  of  beitig  carried 
beyond  the  jurit^iliction  of  the  court,  or  that  the  property 
iii  in  danger  of  being  seized  bv  lier  husband  and  misap- 
plied by  liim.  ur  cArried  out  ot  the  State,  or  wasted ;  it 
shall  be  the  dutv  of  the  Register  to  issue  a  writ  directed  „  ,  >  ,    . 

......        -/r  f-     ,1  •  f  1  i.  Writ  of  Mii.ir*. 

to  the  hneriH  for  the  seizure  oi  such  property. 

Sec.  2.  Be  it  funher  enacted,  That  section,'2966,29(:>7,- 
29()8.2960,  and  2970,  of  the  Code,  are  hereby  incorporated  t>-'i.  .ppiic»*i. 
and  made  a  ])art  of  this  act,  so  far  as  the  same  are  appli- 
cable. 

Approved  December  4th,  1863^. 


No.  56.]  AN  ACT 

To  authorize  Registers  in  Chancery  to  take  forthcoming 
bonds  in  certain  cases. 

Sectiox  1.  Be  it  enacted  by  the  Senate  and  Hon  fie  ofx  Bep- 
rescntaiivcs  of  the  State  of  Alaf)ama  in  General  Assemmy  R»gi«ur  mar 
convened,  Tliat  hereafter  when  the  decjee  of  any  Chan-^.V,;"""'^'"'"' 
eery  Court  of  this  State  shall  order  the  sale  of  any  per- 
sonal property,  it  shall  be  lawful  for  the  Register,  or 
other  person  directed  to  make  such  sale,  to  ta.ke  from  the 
defendant  or  defendants  a  forthcoming  bond  in  double 
the  amount  of  the  decree  for  the  delivery  of  such  pro- 
perty on  the  day  of  sale. 

Sec.  2.  Be  it  further  enacted,   That  if  the  property  i? 
not  delivered,  such  Register,  or  person  direct<'d  to  make  ^^  ^^"*  '"^ 
such  tale,  shall  ret  ru  the  bond  "  forfeited."  in  which 
cafiQ  the  bond  sh&ll  h^yc  th^  force  of  a  judgment  and  ex> 


1863.  60 

______________  '^ 

ecution  may  issue  against*  all  the  obligors  of  such  bond, 

any  law  to  tlie  contrary  notwithstanding.  ;     ' 

■*■' Approved  .November  23,  1863.      -/  i 'm-.  ..      'J'liiuVqM 

^kSTJ];  AN.  ACT 

"  'i.'.ut.  *^»!i' '  ■  •••>!')•!»  lit    .:■ 

fr<*  jpreS^ent  the  impressment  or'purchase  bf  property 
'"''  •  '>'  •  '      'Under  false  pretences.'        -  >  ^    .- •    >   . 

!•■'■    ■  .   .  .  ..  ■      ) 

'    Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
rcsenfatwe,<i  of  the  State  of  Alohama  in  General  Assembly 
A.i  of  1SG2  rc-convened,  That  the  act  to  prevent  false  representations  as 
iK.uc.i.  if^  (rbvermlicnt  agencies,  approved  November  8,  1862,  be 

and  the  same  is  hereby  repealed  ;  Provided,  tliat  nothing 
herein  sli^ll  o])erate  to  discharge  any  person  who  may 
have  been  guilty  of  a  violation  tlwjreof,  or  whoimay  have 
been  indicted  tlierefor.     '  '  ,'..'-..,, 

^EC:  %'.■  Be-  it  /wither  enacted,  That  if   any  person  or 
I'.naity  for  false- P^^^^^s  shall  falsclv  and  wilfull}'  represent  himsi^ff 'or 
ly  jKrionatiug.    themselves!  to  be  agents  of  the  Confederate  Govenmibnt, 
or  of  any  State   of  said  Confederate  Govenmient-,  or  of 
any  officer  or  contractor  under  the  same,  and  under  sucli 
false  representation  impress  or  purchase  any  commodity 
or  property  of  any  kind  whatever,  such  person  or  per- 
sons ^hall  be   liable  to  indictment,  and,  on  conviction, 
lined  not  less  than  five  himdred,  nor  more  than  five  tliou- 
sand  dollars,  and    imprisoned  in    the  penitentiary  not 
less  than  one,  nor  more  than  five  years,  one  or  both  at 
the  discVetion  of  the  jury  trying  the  case. 
Approved  November  25,  1863. 


No.  58.]  ,  AN  ACT 

To  provide  for  thfe- maintenance -of  €ivil  authority  and 
the  preservntioiiof  law  and  order  within  the  limits  of 

this  State.  .'  \  . 

»;■■'  io   '  I-  «■  ■ '  ■  ■    01. '. 

Sectioi^  1,  Be  it  ena^edjyy  the  Senate  and  House  of  Rep- 
resentatives of  the  Stg,te  of  Alabama  in  General  Assembly 
Dralsoboy  'Z^t" <^p^^^ned,  That  any  person  as  to  whom  a  \\Tit  o?  habeas 
borpus  has  been  issued  and   served,  who  wilfull}'-  fails  or 
refuses,  under  any  pretence  whatever,  to  obey  the  nian- 


M  1863. 

date  thereof,  br  th6  orders  of  the  Judge  or  coiirt  thereotr',^ 

before  whom  the  same  is  heard,  or  who  knowingly  and 
intentionally  shall  prevent  the  service  of  the  same  by 
force,  or  by  keeping  out  of  the  way,  or  who  shall  wilfully 
fail  or  refuse  to  permit  any  person,  upon  application  by 
counsel,  in  his  custody,  to  consult  with,' and  have  the  \'i!^i*\*\ 
assistance  of  counsel  for  the  purpose  of  suing  out  or 
prosecuting  said  suit,  or  who  shall  send  away  or  conceal 
any  person  who  is  in  custody  or  under  his  control,  with 
intent  to  prevent  said  writ  from  being  sued  outer  execu- 
ted, or  the  petitioner  from  being  discharged  when  the 
Judge  or  court  so  orders,  shall  be  guilty  of  a  felony,  and, 
on  conviction.  sh\]\  be  fined  not  less  than  one  thousand 
dpllars,  or  imprisoned  in  the  jtcniten'tinry  not  less  than 
one  nor  more  than  five  years,  at  the  discrctioii  of  the 
jury  trying  the  same. 

Sec."  2.  Be  it  further  enarfed.  That  it  shall  bd  the' duty 
of  the  Governor   to  arr;ingo,  if  possible,  Vith    the   Con- Governor  lo 
federate  Government  for  the  emplDymcnt  of  the  militia  So" p'rorost^'joty 
ahd  county  reserves  in  arvesting  and  returning  deserters, "'  *''• 
and '<>ut-lying  persons  Y\ho  are  liable  to  render  military 
service  to  the  Confederacy,  on  the  copdition  that  the  Con- 
federate Government  will  recall  and  place  in  active  milita- 
ry 8erV'ice,the  cavalry  and  otiier  forces  now  employed  in 
that  duty  in  various  parts  of  this  State,  as  far  as  consist- 
ent with  the  common  defense  and  general  welfare.     It 
shall   also  be   the  duty  of  the  Governor,  to  arrange,  if 
possible,    with   the    Confederate    Government  for   the 
employment  of  the  militia  and  county  reserves,  or  of  any 
military  compnnies  or  fire  companies  existing  in  this  State  uiij^^rv  omj  Kiro 
TiVid  not  legally  bound  to  render  railitar}"  service  outside  compaiiios  •iso. 
of  this  State,  in  performing  provost  guard  duty  in  thii '''  "*    *   , 
State,  so  as  to  strengthen  the  Confederate  army,  by  allow- 
ing those  belonging  to  the  Confederate  army  who  may  bp 
performing    provost   guard  duty   to    be   put  iq  activfe 
service  in  the  field  against  the  enemy.  '"  '■*"  '.^'' '  '"^ 

Approved  December,  8^h^l863. 


N  AN  ACT 

To^cctiro  the  trjal  of  Slaves  under  Indictment. 

Recttok  1.  Be  it  enacted  by  the  Senate  and  Hmise  of  Bep- 
resentatives  of  the  State  of  Alabama  in  GenercU  Assembly 


1863.  69 

^J^^i** '"P'"^  conrencc?,  That  when  a  slave  is  indicted  for  any  offence 
it  shall  be  the  duty  of  the  owner  of  the  slnve  to  employ 
counsel  to  defend  the  slave,  and  cause  the  slave  to  have 
a  fair  and  impartial  trial. 

Sec.  2.  Be  it  further  enacted,  That  Whpn  the  owner 
p«  f»ifur»  court  fails  to  cmploj  counsel  to  defend  the  slave,  the  court 
to  ftppoiBt.  shall  appoint  counsel  to  defend  the  slave,  and  a  trial  shall 
be  had  as  earl j  as  a  due  regard  to  the  proper  adminis- 
tration of  the  law  will  allow  ;  and  where  the  slave  it  de- 
fended by  counsel  appointed  by  the  court,  the  presiding 
judge  must  ascertain  and  certify  the  value  of  the  servi' 
ces  rendered  by  counsel,  and  if  the  sum  so  certified  is 
not  paid  by  the  owner  of  the  slave,  the  counsel  may  suq 
the  owner  of  the  slave  to  recover  the  value  of  the  servi- 
ces so  rendered,  and  the  certificate  of  the  judge  shall  be 
primck  facie  evidence  of  the  right  of  the  counsel  to  recov- 
er, and  the  measure  of  damages. 

Sec.  3.  Be  ii  further  enacied,   That  when  a  slave  is 

Ko  c*)np«ntatioD  convictcd  and   executed  for  a  capital  offense,  the  owner 

if»wn«rf»iii,tc.  ^I^g^l^  not  receive  any  part  of  the  assessed  ralue  of  the 

slave  unless  he  he  has  complied  with  the  duties  required 

by  this  act.      ..iii  ; '■  •  :.■<  ' 

Approve^  Decimbe:^  7^1863. 


No.  60.]  AN  ACT 

To  prevent  Gaming  in  this  State. 

Section  1.  Be  it  enacted  by  the  Senate  and  Houte  of  Ren- 
T%\oyf  lo  k*«y  resentatives  of  the  JState  of  Alabama  in  General  Assembly 
**'''•■  .convened  That  any  person  or  persons  who  shall  keep  or 

exhibitor  be  interested  or  concerned  in  keeping  or  ex- 
hibiting any  gaming  table  of  any  kind  for  gaming,  shall 
on  conviction  be  imprisoned  in  the  Penitentiary  for  two 
years. 

Sec.  2.  Be  it  further  enacted,   That  if  any  person  or 

ptaaiiy  oB  r«nv  persous  shall  rent  or  lease  a  house  or  room  for  the  pur- 

Uf  roc».  pQj,Q  q£  being  used  as  a  gampg  house,  he  or  she  shall  on 

conviction  be  fined,  not  less  than  one  hundred  dollars,  at 

the  discretion  of  the  jury  trying  the  same.      Provided 

ProVuo.  however,  that  this  act  shall  not  go  into  effect  until  the  1st 

day  of  January  next ;  and  that  nothing  contained  in  this 

act  phall  in  aiiy  manner  affect  any  prosecution  now  pend' 


63  1863. 

committed  before  the  lat  daj  of  Januarj  next,  against 
any  provision  of  any  existing  law. 
A-pproved  Dec.  3rd,  1863. 


No.  61.]  AN  ACT 

To  prevent  illicit  tradiug  with  Slaves. 

Sectiox  1.  B«  it  enacted  by  the  Senate  and  House  of  Ren- 
resentativu  of  the  State  of  Alabama  in  General  Asiembly 
convened,  That  on  the  trial  of  any  one  charged  with  J; 
unlawfully  trading  witli  slaves,  a  conviction  may  lawfully 
be  had  on  evidence  that  with  a  vievw>,to  the  detection  of 
such  person,  witnesses,  lying  in  wait,  watched  while  a 
slave  was  sent  to  do  the  trading  which  witnesses  seen  the  %. 
offence  committed. 

Approved  November  25,  1863. 


KtMcoc*  m  R*a- 
icl. 


No.  62.]  AN  ACT 

To  increase  the  fees  now  allowed  by  law  for  apprehend- 
ing and  committing  to  jail  runaway  slaves. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives  of  the  State  of  Alabama  in  General  AtscviUy 
convened,  That  for  apprehending  and  coramiting  a  runa-  ^**  '"■■  *''"'''^- 
way  Blave  to  jail,  or  for  delivering  hii*  to  his  owntr,  the 
sum  of  ten  dollars  shall  be  allowed,  instead  of  six  as  now 
provided  by  law.     And  for  taking  »  runaway  slave  to  jail, 
the  person  performing  such  service  shall  be  entitled  toM'i'«8« 
fifteen  cents  per  mile,  in  going  to  and  returning  from  the 
jail,  and  to  a  like  compensation  when   th«  slave  is  dtlir- 
ered  to  his  master  or  overseer,  instead  of  ten  cents  per 
mile  as  is  now  provided.     And  the  Justice  of  the  Peace  Ju»iit»'i  f»» 
shall  be  allowed  for  his  services  the  sum  of  on©  dollar 
and  a  half  in  lieu  of  seven ty-five  cents  now  allowed. 

Approved  Dectmbor  7,  18l>3. 


1863.  64 

To  authorize  Executors,  Administratora,  Guardians  and 
Trustees  to  receive  treasury  notes  of  this  Stute  and  of 
the  Confederate  States  iu  payment  for  property  sold 
by  them,  as  such. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
ma*y"recei've  '  convcjied,  That  iu  all  cases  where  property  has  been  or- 
Troasury  nuics.  (^^XYQ^\  ^q  ]jq  sqU  fyf  eash,  by  the  decree  of  any  court  of 
this  State,  and  tlie  executor,  administrator,  guardian^ 
trustee  or  other  party  making  the  sale,  has  received  as 
cash  the  treasury  notes  of  this  State  or  of  the  Confede- 
rate States,  the  patty  so  receiving  the  same  shall  be  ex- 
empt from  any  personal  liability  for  so  doing,  and  shall 
f  not  be  liable  to  account  for  the  proceeds  of  sale  so  receiv" 
ed,  except  in  the  treasury  notes  which  he  or  she  received. 
And  whenever  any  property  shall  hereafter  be  ordered 
to  be  sold  for  cash  by  the  order  or  decree  of  any  court 
of  this  State,  the  party  making  the  sale  may  receive  as 
cash  the  treasury  notes  of  this  State  or  of  the  Confede- 
rate States. 

Approved  November  23,  1863. 


i^ 


a,.64.J..,. ,...., ,-,..:  .AN  ACT  '.:,..,. ..  . 

To  preserve  the  property  of  non-?Te(Wi9^tS. 


owQer. 


Section  1.  Be  it  enacted  by  the  Senate  and  Bouse  ofBep- 
resentatives  of  thp  State  of  Alabama  in  General  Assembly 
^'°apt,oiuf  UU3.  convened,  That  during  the  present  war  between  the  Con- 
leojorabsout  federate  States  and  the  United  States,  where  personal 
property  is  found  in  any  county  in  this  State,  not  undef 
control  or  charge  of  any  owner,  agent  or  representative, 
or  trustee  of  the  owner,  or  of  the  family  of  the  owner,  or 
some  part  thereof,  and  when  the  owner  of  such  ])roperty 
is  absent  from  the  State,  and  there  is  no  probability  of 
his  being  in  the  State,  or  appointing  an  agent  in  the  State, 
within  three  months,  it  shall  be  lawful  for  the  Probate 
Judge  of  the  county  in  which  such  property  may  be, 
upon  a  written  petitien  stating  the  above  facts,  with  satis- 
factory proof  thereof,  to  appoint  some  suitable  person  as 
trustee,  and  authorize  such  person  to  take  charge  of  said 


65  ..    18G3. 

propotty,  aoa  conteol  and  presorve:  the  aame  for  th# 

owner  ;  Provided,  that  such  trustee  sh?ill  be  required  to 

give  bond,  with  at  least  t^'o  good  and8ufficiciitsecufilAes/'^^°'*''°"''' 

payable  to  the  Judge  of  Probate  in  a  sum  to  bo  by  said 

Judge  prescribed,  conditioned  that  he  will  use  due  dili- 

gcnco  to  preserve  and  take  care  of  such  property,  that 

he  will  faithfully  dischr(fg(>  hi9  duties  f\,a  trustee,  a^  tjjtvt 

he  ^^■ill  deliver  the  -same  on  demand  of  tlio  owner,  or  hiy 

agGllt.Ht;(lT.'  nt<.d.-i'I    ~  '■  ■   •!-.y'.>^ 't/'r"|  (»\/;i..(l.tji«  .,  I 

Sec.  2.  Be  Hyurther  fniad&i,' That  s?dd  trnf^too  shall 
have  authority  to  employ  and  use,  or  hire  out,  said  prop-,,      „   , 
erty  in  the  manner  in  Miiich  the  stvmo'js'^cctistomed  tofrusioc. 
be  done  by  precedent  o^\'ner^,  lie    boipg  acvouutable  tet    . 
the  owner  Jbr  £lio  profita,  and  entitled 'to -a/ reasonable*    *    V 
compensation  ;  an<l  tlmt  lie  may  jQlo. his  Hccouutsae  trus- 
tor* .lor  sottlemenfcin  tiiotprgbate  court,  by  wliich  he  tvu>4 
appointed,  and  may  be  compelled  upon  citation  by  tlio 
probata  judge  to  eettlo  Ids  acc<mnt8  in  said  court.and 
said  court  is  authorized  to  render  u4ecii|§o,0,gai)Li8jttiiia, 
for  any  sum  found  due  by  kim.  ■       .t         •    , 

.  Sec.  3.  Be  it  furtfi£r  enacted,  That  an  inventory  aud 
appraisement  of  said  property  shall  be  m;ide  in  the  aamu,iBTeQior>-. 
uianner  and  under  tbo  regulations,,  which  appl}-  ta  tU^} 
estates  of  deceased  persons  j  Provided,  thatth^  juiig^  of 
probate  shaH  receive  the  Bamo  fet^a  for  his  seryicos,  awieo.-. 
are  allowed  by  law  for  similar  ser^jicBii  in  tiiejfletrtfifla^wt^ 
of  an  estate  iu  tke  probate  court.  ",     ;:  .   ..- 

Approved  Noteniber  30th,  18C3.  .,,,i« iA*  -fj- 


No.  G5.]^  ,AN  ACT 

To  allow  Probatd  Judg^  to  f^pppiqt  special  Administro- 
t0i?8  iu  <5ertaij?  cases.  t(:ii. 

■or'rn  • 
Section  1.  B^  it  enacted  hi/  fJi>e  Senttte  aW  Boii-ic  '/a**^ 
r^^e-nt'dUve^  qf  tl^t*.  JSktie  <(f  AUl^>(/bni/i  im  Gi-'nardl  ^^S4^)nbly 
convened.  That  in  all  proceedings  in  the  Probate  C(mrt4crI^l!l!i',!,r„ou"^ 
where  a  d'^ceased  party  must  be  repr<^enU'd,  wid  th?-re 
is  no  administrator,   or  the    administrator  is  a  panv  in- 
terested  adversely  t^  the  e^st^ite,  it  shall   be  the  duty  of 
th<»  Judge  of  Probate  to  appoint  a  special  Administrator q^^,  , ,  |^,,p„in, 
for  the   particular  proceeding,  without  requiring  a  bcmd 
and  in  the  same  manner,  and  under  the  same  rcg^ilations 
under  which  gusirdiane  ^^ ad  litem"  are  now  appointed. 
9 


1863.  66 

Sec.    3.  Be  it  further  enacted,  That   said   special   ad- 
p«r  ministrator   shall  be  allowed  for  his  services  such  oom* 

pehsation  as  the  Probate  Court  may  direct.  ; "  ''•*•■^'• 

Approved  November  27th,  1863. 


No.  66.]  AN  ACT 

To  authorize  the  several  Judges  of  Probate  of  this  State 
to  appoint  clerks  for  their  ojBSces. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Hep- 

juJge  mar  »p-  '*<^c7zto/?'t;e5  of  the  State  of  Alabama  in  General  Assembly 

poiBtcurk,        convened,  That  the   several   Judges  of  Probate   of  this 

State  shall  be  authorized  to  appoint  a  clerk,  who  shall  be 

authorized  to  do  and  perform  all  acts  not  judicial  relating 

to  such  office. 

Sec.  2.  Be  it  further  enacted,  That  tuch  clerk  shall  be 
Power*  of  clerk,  authorized  in  all  cases  where  there  is  no  contest  to  issue 
letters  testamentary,  of  Administration,  or  Guardianship, 
all  citations  and  other  process  necessary  to  the  business 
of  such  office.  He  shall  be  authorized  to  administer 
oaths  in  all  cases  pertaining  to  the  business  of  such  office, 
to  take  and  certify  acknowledgments,  and  proof  of 
any  instrument  in  writing,  required  or  auth'orized  to  be 
>  recorded  in  such  office. 

Sec.  3.  Be  it  further  enacted,  That  such  clerk  before 
o»ih  «iid  bond,  entering  upon  the  duties  of  his  office  shall  take  the  oaths 
prescribed  by  law,  and  shall  give  bond  and  security  in 
such  sum  as  th©  judge  may  require,  not  to  exceed  the 
sum  of  five  thousand  dollars,  made  payable  to  such 
judgCj  upon  which  bond  such  clerk  shall  be  liable  to  the 
judge,  to  the  extent  and  amount  to  which  said  judge 
may  be  made  liable,  and  the  costs  of  any  suit  against 
si^y^  judge  for  any  act  performed  by  such  clerk,  or  the 
om^f^ion,  or  failure  to  perform  any  of  the  duties  of  such 
offiofe.  Any  law  to  the  contrar}'  notwithstanding  :  Pro- 
proTi»».  vided.  That  no  clfcuk  shall  be    appointed  that  is  liable  to 

conscription. 

Approved  November  27th,  1863. 


67  1863. 

No.  67.]  AN  ACT 

To  require  the  Probate  Judges  to  make  certificates  and 
affix  county  seals  free  of  charge  in  certain  cases. 

Section  1.  Beit  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alalyama  in  General  Assembly 
convened,  That  during  the  existence  of  the  act  to  increase  ^'^•*'"«*j^'"' 
the  fees  of  probate  judges  and  other  public  officers,  nov»t«»,ji«'. 
probate  judge  shall  make  any  charge  for  official  certifi- 
cates and  seals  upon  application  by  non-commissioned 
officers  and  privates  or  their  representatives,  for  pay  on 
account  of  military  services,  or  on  application  to  extend 
furloughs. 

Approved  December  8,  1863. 


No.  68.]  AN'  ACT 

To  provide  compeuRation  for  Judges  of  Probate  in  cer- 
tain cases. 

Section  1.  Be  it  enacted  hy  the  Senate  and  Ilouse  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly  Feei  for  krtpiBc 
convened,  That  on  all  moneys  which  judges  of  probate  *'^5'"''t,^^  Bj*^ 
shall  be  required  to  receive  under  the  provisions  of  the*"'- 
act  entitled  An  act  to  amend  section  (i72  of  the  Code,  ap- 
proved December  7,  1861,  and  as  compensation  for  the 
duties  required  of  them  by  said  act,  they  shall  be  enti- 
tled to  one-half  of  one  per  cent,  to  be  paid  by  the  execu- 
tor, administrator  or  guardian  in  his  individual  character, 
and  the  judges  of  probate  shall  not  be  required  to  take 
the  custody  of  such  moneys  until  said  payment  shall  have 
been  made. 

Approved  November  30,  1863. 


No.  69.]  AN  ACT 

To  increase  the  fees  of  Judges  of  Probate  and  other  pub- 
He  officers  of  this  State. 

Section  1.  Be  it  enacted  hy  the  Senate  and  Ilovtte  of  Rep- 
re*entaiivea  of  the  StaU  if  Al(d>ama  in   General  Assembly 


1863.  68 

i-coB  incrcMcd  &0  ^^■^^^'^j  That  from  aiidaftef  the  paBsage  of  this  act^  and 

percent.        ,  until  one  year  after  the  de6?kr«tion  of  peace  lietweeii  the 

Confederate  States  and  the  U*nited  States*.  nidg;es  ofpro- 

bafc,  registers  in  chancery,  clerk  of  the  i^npreme  court, 

clerks  of  the  city  courts  of  Mobile  and  Montgoraor^y*,  and 

of  thp'  cirouit  courts,  sheriffs,  coroners,  justices  of  the 

ptiftce,  and  cortPtableB  of  this  State,  shall  'be'  entitled  to 

charge  and  receive  an  inci-ease  of  fifty  per  cent,  upon  tho 

.         ,  '.fees  now  allowed  by  law.     Provided,  the  fee  not  to  apply 

; '    to  any  estate,  the  amount  of  which  does  not  exceed  five 

hundred  dollars.''     ;,■•.;»       /f  -'a.  * 

^'^EC.  2.' jBc  rf/j%?'ifAer'^7i<feft*#;i>T'hat  no  officer  shall  bo 

When  not  cnti-fetititled  to  the  benefits  of  this  act  who  shall  in  anyifi- 

"*^"  s^nce  refuse  Confederate  treasury  notes  or  the  treasury 

notes  of  this  State,  in  payment  of  the  fees  of  his-offlfte.'i' 

Sec.  3.  Be  it  further  enacted,  That  in  the 'counties^  in 

^rc"^.'^  ^     this  State  having  special  fee  bills  for  courts  of  jjrobr.tc. . 

the  fees  contained  in  said  special  acts  shall  be  raised  and 

increased  only  twenty  per  cent,  upon  the  fees  provided 

Sumter  oxoiidod.  ill  Said  Special  acts  ;  provided  thkt  this  section  siiftll  not 

apply  to  the  county  of  Sumter. 

Approved  December  7,  1863.         •    -miQOJ^i; 


SEC-rbi^.  i  ■  "l^ett  rnaHed  Jnf  f}ie:^&kaih.  md  -ffom  hflt^- 
rescntativcs  of  the  Stcde  of  Alalkmm  in  General  Assemhly 
l^!"^'''^^'''^  convened,  "Tix^ii  m  all  convictions  for  offences  under  "an 
act  to  prohibit  the  distilation  of  graiti  in  the  State  of  Al- 
abama, except  under  the  direction  and  authority  of  th* 
Governor,'*  approved  December  8th  1862,  the.fee  of  the 
solicitor  shall  be  one  hundred  dollars.       •  .,■     My^iW  iv)'i' < 

Approved^Deccmber ,7th,  1863.  '  '       .....■•<,.■ 


No.  71.]  !AN  ACT 

Tb'cotti'pensate  pheHtfa  kft^J^t^'dfi^-offider^  iti'de^-taiii  ciiisGS; 
Section  1'.  Be  it  enacted  by  the  Senate  a.nd  House  of.  Rep- 

,m^nMives-W't^^  tSpii^ 


69  1863. 

convened  J  That  in  all  cases  where  any  execution"  from  any  commiMion^    • 
ronrt  in  tHie  State  has  I'^cen  levied  l)y  nny  lawful  officer '<'^'»i*i-to<'t«coa 
of  tliis  State    and    taxed   by  operatio?)  of  luw  under'  thoM.rrrf^-.  ^ 
actsto  repulato  judicial  proceedings,  and  knoAvn    a.^  the 
"  Stay  Law/'  and  the  terra  of  olfieti  for  'Whichsnch  othcer 
Avas  elected  or  appointed  hafl  expired  befdrb  the  collec- 
tion of  Fuch    execution  the   commifsionsi   allowed   upon 
such  execution  shall  be  equally  divided  between  the  of- 
ficer levAnnj^  and  the  officer  collectinj::. 
Approved  December  8th,  1863. 

No.  72.1-  .ANAGT^ 

To  Wi-crr?;V  the  fed?;  of  lTi\il6Vs. ' 

'  "''?     '' 

Section  1.  Be  it  inaclai  /;-/  'U  S  lu'tc  and  House  of'B^^^r,^^  r,,^  ^.^,„^_ 
'^cseniaiivcs  of  [the  Staie  of  Altihamei  m  Geyicral  Anserhlny 
conikned^  .That  ti'om  and  aftrr  the  pn'ssapfc  of  this  act  the 
jail  Tees  a?  to  matters  hereinafter  ppecified  shall  bo  asfol- 
lowJi:  viz!  To  victualincr  each  ^viiite  person,  one  dollar  and  „  ,  ! 
half  per  day  ;  lor  victualing  each  sl^vc  or  tree  person  of. 
color,  one  dollar  and  a  quarter  por  day,  in  lieu  of  the  ffee/! 
now  allowed  by  law  for  similar  fief  vices.         •      '      '-'Dunn 

Sec.  2.  B&  it /urf her  enacted,  'ThnV  this  act  siiall  con-  """^ ''*'^' . 
tinue  m  force  no  longer  than;  the  qontintijttice  ofiHc!  ptes* 

Approved  December  8tl^,  186^. 


No.  73.]  AN  ACT 

T'W  y.!. 
To  increase  the  pay  of  jurors  in  this  State. 

■       '■  ■       ■,'*•'■'     '■■"■'        '" 

Section  1.  Be  it  enaehdhy  the  Senate  and  Uomsc  of  Rep- y^y  ,,^  „^^-^^ 
pes^datives  of  the  Stale  of  Alabama  in  General  Assembly  •'"'"'"^s. 
convened^    That   regukir    jurors,  both   grand   and  pGtit, 
/Serving  as  sjjtjli   arc.  entitled   to  .receive  four  dollars  for 
•each  day's  service  and  t-on  ceiits  a  milo  in  going  to  and 
returning  from  court,  and  for riageg.  •■;  .,.  '  ^  .  •   > Tai»R  jnrorg. 

Sec.  2.  Br  it  further  e.varted,  That 'tales  jurors  shall 
receive  the  same  compensation  «s  is  allowwl  to  regular 
jurors,  but  are  allowed  no  mileage  or  ferriages.  Rrj>oaiini!;. 

SeCt  3.  Be  it  further  enacted,  That  all  laws  and  parts 
of  lawe  in  conflict  with  the  provisions  of  this  act  are 
hereby  repealed. 


1863.  70 

TweiTeniont^        Sec.  4,  Be  it  further  enoctcd,  That  this  act  shall  remain 
nfterpeact.        in   force   until   twelve   months   after   a  ratification  of  a 
treaty  of  peace   between  the  Governments  of  the  Con- 
federate States  and  United  States,  and  no  longer. 
Approved  November  25th,  1863. 


No.  74.]  AN  ACT 

To  increase  the  fees  of  vsritnesses  in  this  State. 

'  Section  1.  Be  it  enacted  hy  fhe  Senate  and  House  of  Rep- 

resentatives of  the  State  of  Alabama  in  General  Assembly 
Fce«,  mileage,     coHVcncd,  That  witnesscs  in  civil  and  criminal  cases  in  this 
State  shall  be  entitled  to  receive  three  dollars  per  day, 
also  ten  cents  per  mile  for  each  mile  to  and  from  their 
residence  by  the  usual  travelled  route  and  all  necessary 
ferriages,  fees  of  turnpikes  and  toll  bridges,  whether  at- 
tending under  subjotena  or  at  the  request  of  the  party. 
Sec.  2.  Be  it  further  enacted^  That  all  laws  and  parts 
R«pe«i.  of  laws  in  conflict  with  the  provisions  of  t^iijS  act,  be.,jind 

the  same  are  hereby  repealed.  ...'i  ..'t/V',.  ■■!•'■'     ,; 

Sec.  3.  Beit  further  enacted,  That  this  act  shall  con- 
Eiteni.  tinue  in  force  until  one  year  after  a  ratification  of  a  treaty 

of  peace  betwaen  the  Confederate  States  and  the-Uijitfid 
States,  and  no  longer. 
Approved  December  4, 1863. 


No.  75.]  AN  ACT 

To  amend  section  1143  of  the  code. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabamu  in  General  Assembly 
^e^eeir  kc.     convcncd,  That  section  eleven  hundred  and  forty  three  of 
rspoaied.'     "'    tlic  codc,  be  and  the  same  is  hereby  amended  by  striking 
out  all  of  said  section  after  the  words  "  two  years  "  in  the 
second  line  therof.  "     . 

Approved  November  25th,  1863. 


71  1863. 

No.  76.]  AN  ACT 

To  amend  section  1203  of  the  Codo. 

Section  1.  Be  it  macted  by  tJm  Senate  and  Uov^e  of  Sep- 
resentatives  of  the  State  of  Alabama,  in  General  Assemhl y  »m\v  aa  honi\  if 
ixinvened,  That  when   any   bridge  has  been  erected  b j grrmioropair 
contract  with  the   county  commissioners,  with  guaranty '''■''''^" 
by  bond  or  otherwise,  to  stand  for  a  stipuhatcd  period, 
and  is  washed  away  or  so  damaged  as  to  become  unsafe 
to  the  public,  the  court    of  county  commissioners  shall, 
upon  the  fact  being  made  known  to  them  by  any  free- 
holder of  the  county,  notify  the  contractor    to   rebuild 
said  bridge  if  it  be  washed  away,  or  repair  it  if  damaged, 
and  in  case  of  his  refusal  or  neglect  to  do  so  in  a  reason- 
able time  (to  be  judged  of  bV  the  court)  shall  order  suit 
to  be  brought  in  the  name  of  the  county,  on  said  bond. 

Approved  November  2."Sth,  1863. 


No.  77.] "  •  AN  ACT 

To  provide  for  the  appointment  of  overseers  of  roads  in 
certain  cases  and  amendatory  of  section  1142  of  the 
code  of  Alabama,  , 

Section  1.  Be  it  enacted  by  the  Senate  aiid  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assemhly 
convened,  That  from  and  after  the  passage  of  this   act,  Apportioaera  u 

enever  by  death,  removal  or  any  other  cause,  a  varan- wuen 
cy  shall  occur  in  the  office  of  road  overseer  in  any  road 
precinct  of  this  State,  the  apportioners  of  sjiid  roa<'l  pre- 
cinct may  and  are  hereby  authorized  to  fill  the  unex- 
pired term  of  said  overseer  by  appointm«nt,  and  th«  over- 
seer so  appointed  shall  exercise  all  the  powers,  perform 
all  the  duties  and  be  liable  to  all  the  penalties  that  would 
h*ve  been  imposed,  had  he  been  appointed  by  the  com- 
missioners of  the  county  court. 

Approved  December  'i,  1.SG3. 


1863.  \  ^  72 

•  No.  76.]    •  AN  ACT  ^ 

To  increase  the  duties  of  overseers  of  piibjic'  roads,  and 
■     to  prevent  parties  frdhi  jbiniiig  fences  to  puJjlic  bridges. 

"    .         '      '  ■  '  ■'  ■  .w.    '  /.^  ■  ■■    ■  ••.  ■   . 

Section  1.  Be  it  etMcted  by '  tJie.  Seiicde  and  H0iisc  of  Bep- 

re.sentatives  of  the  State  of  Alabama  in  General  Assembly 

weYseer  to  kcop  conve)ic<L  That  when  bridc;es  on  public  roads   becomo 

ford  miiriter,  ,  '  ,  ,,   ,,         i-,-i  i  ii        i 

when.  dangerous  or  have  lallen  down,  it  is  hereby  made  the  duty 

of  tlie  overseer  on  tho  road  on  which  such  bridge  or 
bridges  aro  located,  to  keep  the  ford  in  order,  if  deemed 
practicable  by  the  supervisor,  and  ibr  a  failure  to  dis- 
charge this  duty,.ho  shall  be  guilty  of  a  inisdc meaner. 

Sec.  2.  Be  it  further  enacted,  That  it  shall  not  be  law-, 
ful  for  any  party  or  parties  to  join  fences  to  bridges  on. 
public  roads,  unless  empowered  to  do  so  by  an  order  from 
the  court  of  county  commissioners,  which  must  bo  obtain- 
ed by  a  petition  to  said  court,  showing  that  the  water 
over  which  said  bridge  passes  is  not  necessary  to  tho 
travelling  public,  or  to'stock  of  adjoining  neijjhborhbod. 
"Approved  December  8,  1863. 


Fence  uol  to  bo 
joiru'd  to  bridge 


Pversoors  to 
•crvo  proci'.si. 


Kotico  to  over- 
seer of  owner 
good. 


No.  79.] 


AN  AC!;T^ 


To  authorize'  pVerseerg   of   roads  to:3eitVi^/.p]h90«|&8:,.in 
^  certain  cases,  and  for  other  purposes,; 

Section  1.  Be  it  etiacted.by  the  Senate  and  House  of  Bep- 
resentativcs  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  overseers  of  public  roads  are  herein 
authorized  and  empowered  to  serve  all  legitimate  process 
that  may, be  issued  from  the  magistrates  court  in  his  beat 
against  defaulters  to  work  on  said  overseer's  road,  and 
the  said  overseer  sh:ill  receive  the  same  fees  for  audi 
service  as  is  allowed  by  law  to  constables  for  the  same; 
Provided,  there  is  no  constable  in  the  beat  in  which.su'jh 
process  is  issued  by  the  Justice  of  the  Peace.- {t'.ir^s'i    i."-  ' 

Sec.  2.  Be  it  furilier  enacted,  That  a  ni:)tice-  to.'-'i^ei 
overseer  of  any  slave  liable  to  work  on  any  public  road  in 
this  State,  as  provided  for  by  section  1166  of  the  Coder, 
shdl  be  a  notice  to  the  owner  of  such  slave  as  eiTectually 
us  if  the  notice  was  served  on  such  owner  in  pe-rson  : 
and  if  such  slave  fail  to  attend  at  the  time  and  place 
and  with  the  tools  mentioned  by  said  nqtice,  judgihent 


73  1863. 

for  the  penalty  now  provided  by  law,  may  bo  rendered 
against  the  owner  of  such  shive  by  the  service  of  process 
on  the  overseer  aforesaid,  in  the  same  manner  as  if  such 
process  were  served  on  such  owner  in  person. 
Approved  December  8d,  1863. 


No.  80.]  AN  ACT 

To  amend  Section  3301  ot  tlie  Code. 

Sectiok  1.  Be  it  enact fd  hy  the  Senate  and  Hoitse  of  Rep- 
retentatives  of  the  Slate  of  Alabama  in  General  Anf^embly 
convened,  That,  .^oction  3301  of  the  Code  be  and  the  same  option  or  jury  i 
is  hereby  amended  by  striking  out  all  after  the  'word  mir.Iomo»aor. 
"  fine"  in  the  fourtli  lino  of  said  section,  and  inserting  the 
following  words  "or  imprisonment,  the  fine  not  to  exceed 
two  thousand  dollars,  and  the  imprisonment  not  to  exceed 
six  months,  one  or  both,  at  the  discretion  of  the  jury  try- 
ing the  same.''  Provided,  howevei^  that  nothing  herein 
contained  shall  destroy,  abate  or  bar  any  prosecution 
now  pending,  or  hereafter  commenced  for  any  oifenco  re- 
ferred to  in  this  act. 

Approved  December  7,  1863. 


No.  81.]  .  AN  ACT 

To  amend  section  3600  of  the  Code. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives of  the  Staie  of  Alabama  in  General  Asserahhj  conviction  on 
convened,  That  scctiop  3G00  of  the  Code  shall  not  extend  compfico.  '    "^ 
to  trials  on  indictments  for  miedomcanor. 

Approved  December  5th,  1803. 


No.  82.]  AN  ACT 

To  repeal  section  3948  of  tho  Code. 

Section  1.  Be  it  enacted  by  tlie  Senate  and  House  nf  Rep- 
resentatives of  iJic  State  of  Alahama  in  General  Assembly 


10 


1863.  U 


No  sund»7  snit   coiivened,  That  Bection  3948  of  the  Code,  be  and  the  same 
*       "'""       is  hereby  repealed. 

Approved  November  30th,  1863. 


f»r  convlota. 


Tax  en  bonds  pur- 


No.  83.]  AN  ACT 

To  amend  the  Reyonue  Laws  of  this  State. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  from  and  after  the  first  day  of  March  next 

chased  from  other  there  sliall  be  assosscd  and  colloctcd  upon  bonds  of  the 

ihanGoTornm.nl  g^,^^^  ^^  Alabama,  and  also  upon  bonds  of  the  Confederate 
States,  a  tax  of  thirty  seven  and  one-half  cents  on  each 
and  every  hundred  dollars  :  Provided,  that  no  tax  shall 
bo  imposed  upon  bonds  of  the  Confederate  States  held 
and  owned  by  any  party  who  may  have  purchased  the 
same  from  the  government  of  the  Confederate  States. 
*  Provided,  that  no  ta^  shall  bo  levied  or  collected  on  any 

Bonds  of  the  State  of  Alabama,   issued  and   sold  before 
the  passage  of  this  act,  which,  under  the  law  jproyiding 
for  their  issue,  was  exempt  from  taxation.      '  •  "  '.  , 
Sec.  2.  Be  it  further  enacted.  That  a  tax  oi  seven  an^'a 

tola  fc^*"^  ""  half  per  cent,  shall  be  assessed  and  collected  upon  the 
nett  profits  which  may  be  derived  during  the  year  ending 
on  the  last  day  of  February,  1864,  from  the  piirchase  and 
sale  of  gold,  silver,  sterling  exchange,  bank  notes,  bonds 
>  of  the  Confederate  States,  and  of  the  State  of  Alabama, 
bonds  of  railroad. companies,  domestic  bilis  (^f  exchange, 
notes  and  other  evidences  of  debt. 

Sec.  3.  Be  it  further  enacted,  That  there  shall  be  assess- 

Arrearago  of  ui  od  and  coUccted  a  tax  of  five  per  cent,  upon  the  nett 
profits  dcrive,d  during  the  year  which  ended  on  the  last' 
day  of  February,  1863,  upon  all  the  sources  ol"  incbme 
enumerated  in  the  preceding  section,  in  all  cases  whei'e 
there  has  been  an  omission  to  assesfe  the  same  under  an 
act  entitled  "an  act  to.  amend  the  revenue  laws  of  this 
State,"  approved  9th  December,  .1862  ;  and  it  shall  be  the 
duty  of  the  tax  assessors  to  require  tax  payers  to  make 
an  affidavit  in  writing,  stating  whether  they  l>ave"or  have 
not  paid  the  tax  upon  the  profits  derived  from  these 
sources  during  the  year  ending  the  last  day  of  Februarys 
1863  ;  and  in  all  cases  where  there  lias  been  an  omission 
to  assess  apd  collect  such  tax,  the  omission  shall  be  cor- 
rected as  directedjin  this  act. 


75  1868. 

Sec.  4.  Be  it  furtliar  enacUd,  That  the  eleventh  para-^^^^^^  Aotof 
graph  of  the  second' section  of  an  act  entitled  "  an  act  tois«2. 
amend  the  revenue  hiws  of  this  State,"  approved  Decem- 
ber 0,  1862,  be  and  the  same  is  hereby  amended  by  add- 
ing the  words  "money  on  deposit  in  this  State"  between 
tlie  words  "  State"  and  "money"  where  they  occur  in  the 
fifth  line  of  said  paragrapli ;  and  it  shall  bo  the  duty  of 
the  tax  assessor  to  require  all  parties  who  return  "money 
lioarded"  to  state  under  oath  whether  the  money  so 
hoarded,  consists  of  bank  bills  (ir  coin. 

Sec.  5.  Bt  it  further  enacted,  That  all  taxes  on  gold 
and  silver  and  sterling  exchange  on  liand,  on  deposit,  or  ton»cua "Ifki^j.* 
hoarded,  shall,  from  and  after  the  first  day  of  March  next, 
be  collected  in  gold  and  silver  ;  and  all  taxes  on  bank 
notes  shall  in  like  manner  bo  collected  in  bank  notes. 

Sec.  6.  Be  it  further  enacted,  Tliat  the  gold  and  silver ^„  p^^  in»*rf«t 
and  bank  notes  Avhich  may  be  collected  for  taxes  under  un  i>o«ai. 
this  act  shall  be  retained  in  the  treasury  until  needed  to 
pay  interest  on  bonds  of  the  State,  payable  in  London,  « 

and  shall  be  n.-'cd  fur  no  other  purpose  unless  hereafter 
authorized  by  law. 

Sec.  7.  Be  it  further  enaxited,  That  from  and  after  the  uonpy  m  hand, 
first  day  of  March  next,  the  tax  on  money  oti  hand,  ou 
deposit,  or  hoarded,  shall  be  one-half  of  one  per  cent. 

Sec.  8.  Be  it  further  eimcieii,  That  the  act  to  amend  t^  on  couon, 
the  revenue  laws  of  this  State,  approved  December  9, 
1862,  be  amended  by  striking  out  the  word  "ten"  where 
it  occurs  in  the  eighth  line  oi  the  9th  section  of  said  act, 
and  inserting  in  lieu  thereof  the  word  "  fifty,"  and  the  ^^^  gj,.^j,,^^,„^ 
tax  of  fixtecn  per  cent,  mentioned  in  the  7th  section  of 
said  act  shall  not  be  collected,  except  from  persons  or 
corporations  who  have  actually  refused  to  redeem  some 
of  the  paper  is»ued  by  them,  respectively  ;  where  there 
is  no  such  refusal  there  shall  be  no  such  tax  of  fifteen  per 
cent,  mentioned  in  said  7th  section  of  said  i^ct-pf  Decem- 
ber 9,  1862.    . 

Approved  December  8,  1868. 


No.  84.]  AN  ACT 

For  the  relief  of  those  Counties  which  are  or  shall  be 
overrun  by  the  public  enemy.   •    ' 

Section  1.  Be  ii  enacted  hy  the  S^micarul  Bvuse  of  Bev- 
rtsentative*  of  the  State  of  Alabama  in  General  Atscmhly 


1863;  76 

xotaxto  ba  eoi-^<^^^^<^i  That 'whenevor  any  county  in  this  State  shall 
lectH  iacom.»ie»be  ovemin  by  the  armies  of  the  United  States,  and  shall 

overrun.  .       .       ^,    •'.  .  ,.  ,  i  i        /•     • 

remain  in  their  possession  lor  such  a  length  oi  time  aBto 
prevent  the  cultivation  and  gathering  of  the  ordinary 
crops,  the  Governor  shall  be,  and  ho  is  hereby  authorized 
to  issue  his  proclamation  to  the  tax  assessors  and  tax  col- 
lectors therein,  directing  them  to  suspend  the  assessment 
and  collection  of  all  State  taxes  therein  for  the  current 
tax  year  in  which  said  invasion  and  occupancy  shall  occur; 
and  upon  the  publication  of  the  proclamation  aforesaid, 
the  tax  assessors  and  tax  collectors  in  said  county  shall 
desist  from  the  assessment  and  collection  of  all  State  taxes 
in  said  county  for  the  current  year. 
Approved  December  5,  1863. 


^  No.  85.]  AN  ACT 

For  the  relief  of  the  Tax  Collectors  of  this  State. 

Section  1.  BtU  enacted  by  the  Senate  and  House  of  Bep- 
resentafives  of  the  State  of  Alabama  in  General  Assembly 
Time  extended  to  couvened,  That  all  the  tax  collectors  of  this  State  shall 
collectors.         j^j^^^  ^^^^i  ^^Q  ^^^^  ^^^  ^f  March,  1864,  to  make  final  set- 
tlements of  their  accounts  with  the  Comptroller  of  public 
accounts:  Provided,  they  shall  respectively  file  a  written 
iToTjao.  consent  of  their  securities  on  their  official  bond  for  such 

extension  in  the  office  of  the  Comptroller  of  public  ac- 
counts, before  this  act  shall  take  effect. 
Approved  December  7,  1863* 


No.  86.]  AN  ACT 

To  relieve  tax  payors  in  certain  cases. 

Section  1.  Be  it  enacted  h/  the  Senate  and  Hous^  ofBep- 
•  resentafives  of  the  State  of  Alabama  in  General  Assembly 

ho^TfuZa^h^'^^"  (convened,  That  in  all  cases  wliero  the  tax  collector  of  any 
coupty  in  this  State  shall  collect  from  any  person  in  his 
or  her  individual  or  representative  capacity,  a  larger 
amount,  as  his  or  her  tax,  than  is  really  due,  the '  Comp* 
troller  of  public  accounts  of  this  Stato  is  required  to  draw 
his  warrant  on  the  Treasurer  of  the  State  in  favor  of  such 
person  for'  the  amount  of  the  excess  of  money  80  collec- 
ted :  Provided,  the  Comptroller  is  satisfied  by  the  certifii- 


77  1863. 

cate  of  the  judge  of  probate,  lindor  the  seal  of  the  county  ^yMenc.  of  oT.r- 
in  which  such  excess  is  collected,  that  the  amount  claim- p»TM»nt. 
ed  as  such  excess,  is  correct,  and  has  been  overpaid  by 
the  party  claimiup;  the  sarac. 
Approved  December  7,  1863. 


No.  87.]  AN  ACT 

Where  real  estate  of  soldiers  is  sold  for  taxes,  to  extend 
the  time  for  the  redemption  of  the  same. 

^ECTiOH  1.  Bt  it  enar.ted  by  the  Srnatt  and  House  of  Rtp- 
resentativtM  of  the  State  of  Alabama  in  General  Atsembly 
convened,  That  whenever  any  real  estate,  the  property  of  u™  MTrndti!"'' 
a  soldier  in  the  military  service  of  the  Confederate  States^ 
shall  have  been  sold  for  payment  of  any  taxes  due,  the 
time  within  which  such  real  estate  may  be  redeemed,  is 
hereby  extended  until  three  years  after  the  ratification 
of  a  treaty  of  peace  between  the  Confederate  States  and 
the  United  States. 

Approved  December  3,  1863. 


No.  88.]  AN  ACT 

To  authorize  [the  redemption  of  lands  of  alien  enemies, 
sequestered  to  the  Confederate  States,  which  have 
been  or  may  bo  sold  for  taxes. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
reseniatives  of  the  State  of  Alabama  in  General  Assembly  R»c«w«r  maj  r«- 
ermveried,  That  whenever  any  lands,  tenements  or  here-  exu^'ae'd" 
ditaments  belonc:ing  to  alien  enemies  and  liable  to  se- 
questration, under  the  acts  of  Congress  of  the  Confede- 
rate States,  have  been  heretofore  sold,  or  may  hereafter 
be  sold  for  non-payment  of  taxes,  and  the  same  shall 
afterwards  be  sequestered  by  decree  of  a  competent 
court  of  the  Confederate  States,  such  lands  may  bo  re- 
d^naed,  on  behalf  of  the  Confederate  States,  by  any  re- 
ceiver appointed  under  said  acts,  and  the  time  for  making 
such  redemption  is  hereby  extended  for  two  years  from 
the  passage  of  this  act. 

Approved  December  3,  1863. 


1863.  .  '  78 

No.  8».]  AN  ACT.  ,    , 

To  provide  for  the  iesiio  and  sale  of  State  Bonds  »nd  for 
other  purpppes. 


>et  of   1R68 


Skction  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
^reientatives  of  the  State  of  Alabama  in  General  Assembly 
TiT«d.  convened,  That  all  the  provisions  of  an  act  entitled  "  An 

act  to  authorize  the  issue  and  sale  of  State  Bonda,"  ap- 
proved December  9,  1862,  be  and  the  same  are  hereby 
re-enacted  and  continued  in  full  force.  •     :      • 

Appropriaiioa.  Sec.  2.  Be  it  further  enacted,  That  the  sum  of  one  hun- 
dred thousand  dollars,  or  so  much  thereof  as  shall  be 
necessary,  be  and  the  same  is  hereby  appropriated  and 
placed  at  the  disposal  of  tho  Governor,  for  the  purpose 
of  carrying  said  act  into  effect,  to  bo  drawn  from  the 
treasury  upon  his  warrant,  as  occasion  may  rcquirp. 
.^  pproved  December  8,  1863. 


No.  90.]  an:  ACT 

Appropriating  a  sum  of  money  to  pay  for  the  prepara- 
tion of  Treasury  Note  Change  Bills. 

"Section  1.  Be  it  enacted  by  the  Senate  and  Home  of  Bep- 
^  resentatives  of  the  State  of  Alabama  in  General  Assembly 

dlfioiency.  °°  "^  convei^ed,  That  the  sum  of  twenty-one  thousand,  seven 
hundred  and  three  and  25-100  dollars  be,  and  the  same  is 
hereby  appropriated  out  of  any  money  in  the  treasury, 
to  cover  the  amount  necessarily  expended  for  carrying 
into  effect  the  provisions  of  an  "Act  to  authorize  the 
issuance  of  Treasury  Note  Chango  Bills  by  the  State  of 
Alabama,"  approved  the  8th  of  November,  1862,  and  of. 
"  An  Act  to  amend  an  act  to  authorize  the  issuance  of 
Treasury  Note  Change  Bills  by  the  State  of  Alabama," 
approved  the  4th  of  December,  1862. 

Approved  December  6,  1863. 

•    No.  91.]  AN  ACT 

To  make  appropriations  for  the  fiscal  year  ending  ott'th© 

•  •.;<••, .i::  >.  .  ;i,n'    30th  September,  1864.       -         '         ''  ' 

I  Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Bep- 

resentatives  of  the  State  of  Alabaina  in  General  AssemUy 


VKO 


79  1863. 

convened,  That  tlio  following  sums  of  money  be,  and  the 
same  are  hereby  appropriated  for  the  payment  of  salaries 
and  other  claims  against  the  State  for  the  fiscal  year  end- 
ing the  30th  day  of  September,  one  thousand  eight  hun- 
dred and  sixty-four,  viz  :  To  the  ^Governor  of  the  Stato,^  ^^^^^ 
four  thousand  dollars  ;  to  the  Secretary  of  State,  sixteen  other  st«te  lio 
hundred  dollars  ;  to  the  Comptroller  of  Public  Accounts,  •'"•^" 
two  thousand  four  hundred  dollars  ;  to  the  State  Tres*- 
Surer,  tM'o  thousand  six  hnndred  dollars  •  to  the  Superin- 
tendent of  Education,  two  thousand  dollars  ;  to  tlie  Com- 
missioner of  Pul^lic  Lands,  two  thousand  five  hundred 
dollars;  to  the  draughtsman  in  the  Land  office,  twelve 
huddrcd  dollars;  to  tlie   Supreme   Court  Judges,  each,.,„cix«. 
four  thousand  dollars  ;  to  thb  Supreme  Court  R'eporter, 
twelve  hundred  dollars  ;  to  the  Suni-ome  Court  Marsluil 
aud  State  Librarian,  one  thousand  dnllara  ;  to  the  Circuit 
Court  Judges,  each,  two  thousiuid  dollars  ;  to  the  Solici-j^,n^,^^,^j^pj^j 
tors,  oachj  two  hundrrifl  andiifty  dollars  ;  to  tho  Chancel- t"rn»yGeu»rai. 
lors,  each,  two  thousand  dollars  ;  to  tho  Attorney  Gene- 
ral, four  hundred  and  twenty-five  dollars;  to  the  Clerk p,^^^^  ^ 
in  the  comptroller's  office,  one  thousand  dollars  ;  to  the 
Clerk  in  the  treasurer'*  office,  seven  hundred  and  fifty 
dollars  ;  to  the  Clerk  in  the  secretary  of  State's  office, 
five  hundred  dollars  ;  to  the  Secretaries  of  the  Governor, 
twenty-five  hundred  dollars  ;  to  the  keeper  of  tlie  State 
House,  one  hundred  and  fifty  dollars  ;  to  tho  Quartermas- 
ter General,  three  hundred  dollars;  to  the  State  ^rTuo-y.,.|^  .  ^^^^^^ 
rer,  one  hundred  and  fifty  dollars  ;  to  the  Adjutant  and 
Inspector  General,  four  dollars  per  day  for  each  day  he 
shall  be  engaged  in  the  actual  duties  ot  his  oflice,  not  to 
exceed  two  hundred  dollars  ;  to  the  principal  Secretary 
of  the  Senate,  and  the  principal  Clerk  of  the  House,  each,  k/oper'.fii^ 
ten  dollars  and  fifty  cents  per  day  for  each  day  of  the 
session  ;  to  the  assistant  Secretary  of  the  Senate  and  the 
assistant  and  engrossing  Clerks  of  the  House,  each,  nine 
"dollars  per  day  for  each  day  of  the  session  ;  to  such  ad- 
ditional assistant  clerks  as  may  be  employed  by  tho  Sen- 
ate and  House,  nine  dollars  per  day,  each,  for  the  number 
of  days  so  employed  ;  to  the  door-keeper  of  the  Senate 
and  House,  seven  and  a  half  rlollurs  per  day,  each,  for  tho 
session  ;  to  tho  Messengrr  i)'*t!K'  House,  two  dollars  and 
fifty  cents  per  day,  fo^,.  tho  ..^ofsion  ;  to  pav  contingent ir^,j£„jon 
expenses  In  tho  office  rif  .■^upcrintehdent  of  education,  nine  <''«i»»«««»»- 
hundred  dollars  ;  to  the   principal  Secretary  of  the  Sen-f>^r»i«-ioi  »nd 
ate  and  the  principal  Clerk  of  the  House,  for  rx.'nploting^"^ 
tho  Journals  of  their  respective  houses,  nrrfiuging  ana 


1863. 


,80 


CoMptroU«r  to 
iir»w. 


filing  away  papers  in  proper  order  for  the  next  session 
of  the  General  Assembl}',  each,  one  hundred  and  fifty 
Acu  and  Journal!  dollars  ;  to  the  Secrctitry  of  State,  for  copying  the  Jour- 
nals of  both  houses,  at  tlio  recent  extra,  and  the  present 
regular  sessions,  reading  proof  sheets  and  superintending 
the  printing  of  the  same,  for  placing  marginal  notes  and 
'  preparing  indexes  to  the  laws  and  journals,  and  the  dia- 
triljution  of  the  same,  four  hundred  dollars. 

Sec.  2.  Be  it  further  enacted,  That  the  comptroller  of 
Public  Accounts  is  hereby  authorized  and  required  to 
draw  his  warrant  on  the  State  Treasurer  in  favor  of  the 
parties  entitled  thereto,  for  the  several  sums  of  money 
herein  appropriated,  at  the  time  payable  by  law,  on  pre- 
sentation of  proi)er  vouchors  and  receipts  therefor. 

Sec.  3.  JBr.  it  further  enacted,  That  the  sura  of  fifteen 
hundred  dollars  is  hereby  appropriated  to  pay  for  the  dis- 
tribution of  the  laws  and  journals  of  the  recent  extra  and 
present  regular  sessions  of  the  General  Assembly  ;  and 
the  Comptroller  qI  Public  Accounts  shall  draw  his  war- 
rant on  the  State  Treasurer  in  favor  of  the  several  agents 
engaged  in  the  distribution,  upon  their  producing  tho 
Secretary  of  State's  certificate  that  the  sums  charged  are 
according  to  contract,  and  that  the  services  have  been 
performed. 

Sect.  4.  Be  it  further  enacted,  That  the  sum  of  fifty 
thousand  dollars  be  and  the  same  is  hereby  set  apart  as  a 
contingent  fund  to  meet  extraordinary  expenses  and  con- 
tingencies, to  be  drawn  on  the  warrant  of  the  Governor. 

Approved  December  8,  1863. 


Ulitrlbulioa  or 
Lawn. 


ConlitiipiU  fiiii'l 


No.  92.] 


AN  ACT 


K*p«al. 


Mlnor»l    Undi 
$100  par  A«r«. 


To  repeal  and  amend  an  act  entitled  "  An  Act  to  increase 
the  price  of  certain  public  lands." 

Sectiox  I.  Be  it  enacted  by  the  Senate  and  House  o/Bep- 
resentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  section  3  of  an  Act  entitled  an  "  Act.,  to 
increase  tho  price  of  certain  public  lands  belonging  to 
the  State  of  Alabama,"  be  and  the  same  is  hereby  re- 
pealed. 

Sec.  2,  Be  it  further  enacted,  That  hereafter,  the  Iron 
and  Coal  lands  of  said  State  shall  not  be  entered  or  sold 
at  a  less  price  than  one  hundred  dollars  per  acre. 

Approved  December  4,  1863. 


'  81  1863. 

No.  93.]  AN  ACT 

To  authorize  the  Governor  of  this  State  to  lease  the 
public  lands  for  certain  purposes. 

Section  1.  Be  it  &naciedhy  the  Senate  and  HoiLse  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  Governor  of  this  State  be,  and  he  is  {■'^^♦;^''""f";; '^"'y^ 
hereby  authorized  and  empowered  to  lease  the  public  i'iiri".s,;H 
lands  of  this  State  to  companies  or  persons  engaj;-ed  or 
who  may  desire  to  engage  in  the  manufacture  of  Potasli 
or  Nitre,  either  under  contract  with  or  directly  for  the 
Nitre  and  Mining  Bureau  of  tlie  Confederate  States 
Government,  and  also  to  lease  for  like  purposes  caves,  ' 

mines  and  mineral  deposits  upon  such  terms  as  he  may 
deem  just  and  proper. 

Approved  November  23, 1863. 


No.  94.]  AN  ACT  ,         ,     , 

To  Contribute  to  the  support  of  the  indigent  families 
of  soldiers  in  the  military  service  from  the  State  of 
Alabama. 

Section  1.  ,Be  it  enacted  by  the  Senate  and,  lloune  of  Jlcp- 
re.sentatlves  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  sum  of  Three  millions   of  dollars  be  .appropriation  for 
and  the  same  is  hereby  appropriated  for  the  support  of  ""I'l^''^- 
the  indigent  families  of  soldiers  who  are  now  in  or  may 
hereafter  enter  tlie  military  service  of  the  Confederate 
States  from  the  State  of  Alabama,  or  who  may  now  or 
hereafter  be  in  the  military  service  of  this  State,  to  Ijc 
distributed  in  equal  amounts   in  the  months  of  Jipniar^', 
May  and  October  of  the  year  1864,  under  the  provis^ofis 
of  an  act  entitled  "An  act  to  provide  for  the  supp'ort  of 
the  indigent  families  of  fioldicrs  in  the  army  of  tlie  Con- 
federate Stales  from  the  State  of  Alabama,"  approved 
12th  November,  18fi2:     ProtvWwf,  That  indigmt  families^ 
of  substitutes  be  allowed  equal   jiarticipation  in  the  dis-ii.li<"iml'iidLi**° 
tribution    of  the   funds   herein  appro))riated,  except  ir^ 
cases  where   the   substitute   received   more  than  fifteen 
hundred  dollars  for  beooming  a  substitute. 

Sec.  2.  Be  it  further  e.naded,  Tliat  if  any   Jndge   of 
Probate,  commissioners  or  agent  employed  in  carryihg 


1863.  82 

Penalty  for  U51UIC  o^t  ^^^   provisions  of  thi^   ftct,   shall   apply  any  of  the 

fuuds  by  agents  funds  OF  articles  which  may  come  into  his  hands  to  hia 

own  use,  he  shall   bo   deemed   guilty  of  embezzlement, 

and  on  conviction  shall  be  punished  as  now  provided  by 

law  for  such  offence. 

Sec.  3.  Be  it  further  enacted,  That  if  any  agent  or 
Negicet  or  ftiiura  officer  wlio  may  be  entrusted  with  the  distribution  of 
by  agent.  \]^q  fuuds  appropriated   for   the   benefit  of  the  indigent 

flimilies  of  soldiers,  shall  wilfully  fail  to  make  an  equal 
and  impartial  application  of  the  same,  he  shall  be  subject 
to  indictment  therefor,<  and  on  conviction  shall  be  fined 
not  less  th-an  one  hundred  nor  more  than  five  Jiundred 
dollars,  and  shall  be  imprisoned  in  the  county  jail  not 
less  than  six  months. 

Sec.  4.  Be  it  further  enacted,  That  the  indigent   fami- 
Famiiies  of  de-    Hcs  of  dcceasod    soldiers   and   those  discharged  soldiers 
chrrged"sVa'icri..  ^ho  are  incapacitated   for   physical   labor.on  account  of 
wounds  received  or  permanent  diseases  coniracted  in  the 
service,  be  and  the  same  are  hereby  made  beneficiaries, 
under  this  act. 
Approved  December  8,  1863. 


No.  95.]  AN  ACT 

To  amend  "an  act  to  contribute  to  the  support  of  the  fam- 
ilies of  soldiers  in  the  military  service  from  the  State 
of  Alabama,"  approved  29th  August,  1863. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
Instalments  for  convencd,  That  the  "  Act  to  contribute  to  the  support  of 
1863  cousoiida-  ^ho  families  of  soldiers  in  the  military  service  from  the 
State  of  Alabama,"  approved  the  29th  of  August,  1863, 
be,  and  the  same  is  Ijereby  so  amended  as  to  authorize 
the  consolidation  of  the  second  and  third  instalments, 
for  the  months  of  November  and  December,  of  the  one 
million  of  dollars  appropriated  by  said  act,  and  that  the 
comptroller  apportion  ,the  same  to  the  several  counties 
according  to  the  number  of  families  reported  to  his  said 
oflice,  and  ist^ue  his  warrant  therefor,  at  any  time  after 
the  approval  of  this  act,  to  the  probate  judges  ot  their 
respective  counties,  to  be  by  them  distributed  as  direc- 
ted by  the  "  Act  to  provide  for  the  support  of  the  indi- 
gent families  of  soldiers  in  the  army  of  the  Confederate 


ted. 


83  1863. 

States  from  the  State  of  Alabama,"  approved  12th  No- 
vember, 1862. 

Approved  November  28,  1863. 


No.  96.]  AN  ACT 

To  p;ivo  the  carpets  of  the  State  of  Alabama  for  the  UPe 
of  private  soldiers  from  Alabama  in  the  Confederate 
service. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  JRep- 
reseniatives  of  the  State  of  Alahaxna  in  General  Assembly  f.^r,H.t»  rto»»t*d 
(xnwened,  That  such  of  the  carpets  of  the  State  of  Ala- 1'>  AUham*  ioi- 
bamu,  in  the  State  capitol,  as  can  be  beneficially  ii^ed  for 
blankets,  are  hereby  given  away  for  the  use  and  comfort 
of  the  private  soldiers  from  Alabama  in  the  Confederate 
service,  to  be  divided  and  distributed  amongst  them  as 
tlie  Governor  of  *]r-  State  may  direct. 

Approved  December  8,  1863. 


No.  97.]  AN  ACT 

To  provide  indigent  families  with  Salt  and  Cotton  Yarn. 

Section  1.  Beit  enacted  by  the  Senate  and  House  of  liep-  »Rk'o '"u^'ic. 
resentaiive*  of  the  State  of  Alabama  in  General  Assembly, 
conve7ieji,  That  the  Courts  of  County  Commissioners  of 
this  State  shall  have  authority  to  engage  in  the  manu- 
facture of  aalt  for  the  uso  of  the  indigent  families  of 
their  counties,  and  that  they  shall  have  authority  to  buy 
or  loose  a  furnace  or  furnaces,  and  so  much  land  as  m?vy 
bo  necessary,  to  employ  necessary  agents,  to  hire  hands, 
buy  or  hire  wagons,  teams,  and  to  make  any  and  all 
necessary  contracts  to  carry  on  the  business,  and  that 
they  shall  furnish  the  indigent  families  of  their  counties  „^rpiui. '"*' " 
with  salt  so  made,  at  a  price  not  to  exceed  t!io  cost  of 
manufacture  and  expenses  of  delivery:  Provided,  That 
if  At  any  time  there  shall  be  in  the  possession  of  the 
CommisBioner's  Court  a  surplus  of  salt  over  and  above 
v/hat  may  be  necessary  to  supply  such  indigent  families 
of  their  county,  such  salt  may  be  pold  by  them  at  the 
market  price  for  the  usfe  of  the  county:     And  provided 


May  buy  yarnf. 


1863.  84 

Ko  toll  to  Slate,   furtlicv,  that  if  such  furnace   or  furnaces  shall  be  located 
on  tlie  Stntc  lands  no  toll  sliall  be  paid  to  the  State. 

Sec.  2.  Be  it  further  enacted,  That  the  Court  of  Com- 
missioners shall  have  authority  to  purchase  cotton  yarns 
for  the  use  of  the  indigent  families  of  their  counties,  the 
yarn  to  be  furnished  to  them  at  a  price  not  exceeding 
cost  and  expenses. 
Seo.  3.  Be  it  further  enacted,  That  when  any  county 
When  «ot  piiti     so'enp^ages  in  the  manufacture  of  salt,  and  shall  make  a 

tic.l  tofctate  will.    ,  1       ^  ai    ■  j.  i       j_i      •       •     j-  x     ^        -i- 

surplus  or  vsutnciency  to  supply  their  indigent   families, 
they  shall  not  be  entitled  to  receive  any  from  the  State 
appropriations. 
^  Sec.  4.  Be  it  further  enacted,  That  the  Court  of  County 

atf.f  i^yui'*^'!**^    Commissioners  shall  have  authority  to  use  any  money  in 
the  county  treasury  for  the  purposes  mentioned  in  this 
act,  and  if  it  is  necessary  may  impose  a  special  tax,  not 
-si  exceeding  one  hundred  per  cent,  on   the  State  tax,  for 

rv,     the  purpose  of  raising  funds  to  carry  out  the  provisions 
of  this  act. 
Approved  December  3,  l'863. 


No,  98.]  .       ,  AN  ACT 

For  the  relief  of  indigent  families  of  soldiers  in  the  army 

- ,  ■„   ,of  the  Confederate  States. 

Mir,  £  ,ttui-ttKj  p 

-     Section  1.  Be  itenactai  by  the  Senate  and  House  of  Bep- 
resentatives  of  the  State  of  Alabama  in  General  AssemJny 
comppusation  to  convencd,  That  the  agent  of  the  Court  of  County  Commis- 
bution.  sioners  in  the  several  gounties  in  this  State,  appointed  to 

distribute  funds  or  provisions  amongst  the  indigent  fami- 
lies of  soldiers  in  the  army  of  the  Confederate  States, 
shall  not  be  entitled  to  more  than  one  per  cent,  on  the 
amount  of  the  cost  of  said  provisions,  or  on  the  amount  of 
funds  so  distributed. 

Approved  December  3,  1863. 


No.  99.]  AN  ACT 

>To  provide  for  paying  for  medicines  furnished  to  indi- 
gent families  of  soldiers  from  the  State  of  Alabama,  in 
•  the  military  or  naval  service  of  the  Confederate  States. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Bep- 
resentatives  of  tJie  State  of  Alabama  in  General  Assembly 


85  1863. 


convened,  That  from  and  after  the  approval  of  this  act>  if  oountr  to  p»y 
any  physician  or  surgeon  shall,  at  the  request  of  any  pby»ioi»u«  f"r 
.  member  of  an  indigent  family  of  a  Boldior  in  the  military 
or  naval  service  of  the   Confodorato  States,  from  this 
State,    or  any   member  of  the    indigent  faniily  of  any 
deceased  soldier  from  this  State,  furnish  any  necessary 
and  proper  drugs  or  medicines  for  the  use  of  any  mem- 
ber of  such  family  at  a  price  or  charge  not  exceeding  the 
market  price  or  usual  charge ;  and  shall  make  affidavit 
that  such  drug  or  medicine  was  so  furnished,  and  was  ne-"*"'''^" 
cegsary  and  proper,  and  that  the  price  charged  for  the 
same  does  not  exceed  the  market  price,  or  ut^ual  charge, 
and  shall  make  out  his  account  accordingly,  it  shall  be 
the  duty  of  the  ct)urt  of  county  commissioners  of  the 
county  in  which  the  drug  or  medicine  was  so  provided, 
to  order  the  amount  of  such  account  to  be  paid. out  of 
the  treasury  of  the  county  ;  and  it  shall  be  the  duty  of 
the  county  treasurer  to  pay  it  out  of  any  county  funds, 
not  otherwise  appropriated  :    Provided,  hoivevcr,  that  ifwhonomin  may 
said.court  shall  be  satisfied  by  other  evidence  that  the  '^'^"** 
account  is  unjust,  it  shall  not  bo  allowed  :  And  provided  p^^^^,  ^,p„  ^^ 
further,  that  this  act  shall  not  authorize  any  allowance  for  a.!  incUid**'. 
any  prescription,  or  attendance,  or  medical  advice  of  any 
such  physician  or  surgeon. 
Approved  December  8,  1863, 


No.  100.]  AN  ACT 

To  authorize  the  use  of  funds  appropriated  for  military 
and  hospital  purposes,  to  meet  appropriations  for  the 
indigent  families  of  soldiers. 

SECTioif  1.  Beit  enacted  by  iJic Senate  and  Hojuse of  JRep- 
resenialivM  of  the  State  of  Alahama  in  General  Assembly  uinury  ruod  u 
convened,  That  any  unexpended  funds  heretofore  appro- J**,^/,'^'"**"^ 
priat-ed  for  military  or  hosijital  purposes,  may  be  used  and 
paid  out  by  the  proper  officers,  for  the  purpose  of  moot- 
ing approjiriations  for  the  indigent  families  of  soKliors 
from  this  State,  until  otherwise  provided  by  law,  any  law 
to  the  contrary  notwithst^anding. 

Approved  December  3,  1863. 


'     1863.  86 

No.  101.]  AN  ACT 

Fpr  the  relief  of  persons  rendered  destitute  by  the  sei- 
zure, waste  or  destruction  of  their  means  of  Bubsist- 
ence  by  the  public  enemt. 

Section  1.  Be  it  fiicC6M7>p'lhe'iSinate^hnd  Eoiiseof  Rep- 
pcsentativfi^  of  the  State  of  Alabama  in  General  Assembly 

commissiouerg'   couventd,  That  it  shiiU  be  the  duty  of  the  Court  of  County 

Court  to  bo  held,  qommissioners  within  the  counties  of  tliis  State  which 
have  been,  or  which  may  hereafter  be  invaded  by  the 
armies  of  the  United  States  during  the  existence  of  the 
present  war,  so  soon  as  it  shall  become  practicable,  to 
hold  a  special  pe«8ion  of  their  respective  courts,  under 
8uch  rules  as  shall  be  prescribed  by  said  courts,  to  as- 

Asccit»in  dmi-    certain  the  number  of  persons  within  their  respective 

tutefamiii.s.  counties  who  have  been  rendered  destitute  by  the  sei- 
zure, waste  or  destruction  of  their  means  of  subsistence 
either  by  the  public  enemy,  or  by  the  State  or  Confed* 

roport.  erate  forces,  and  to  report  the  same  to  the  Comptroller, 

and  the  extent  of  the  assistance  needed  for  the  support 
and  maintenance  of  such  persons  :   Provided,  that  no 

Frovis*.  person  shall  be  entitled  to  any  benefit  under  this  act 

who  has  not  resided  in  this  State  continuouslv  since  the 
Ist  day  of  May,  1861. 

Sec.  2.  Be  it  furtlier  enacted^  That  where,  in  any  coun- 
^;y,  it  may  be  found  impracticable  to  hold  such  session  of 

rtpon,  &c.°  ^^^  the  Commissioners'  Court,  by  reason  of  the  presence  of 
the  enemy,  it  may  be  lawful  for  the  judo'e  of  the  Court 
of  Probate  thereof,  to  render  to  the  Comptroller  a  re- 
port, founded  upon  the  best  evidences  vvhich  he  can  ob- 
tain, of  the  amount  of  money  actually  needed  by  the 
'  destitute  of  his  county,  to  prevent  want  and  destitution, 
which  report  shall  b6  received  and  acted  upon  as  though 
it  had  been 'regularly  made  as  provided  by  the  othei* 
Bection  of  this  act. 

Sec.  3.  Be  it  further  enacted,  That  it  shall  bo  the  duty 
of  said  Commissioners'  Court  to  ascertain,  if  possible, 

^o  a»cert»m  oy-  ^y|jg|j^Qj.  q^  j^q^  sucli  pcrsons  are  loyal  to  the  Confeder- 

•  -       f\te  States  ;  whether  siich  persons  liavo  taken  the  oath 

of  allegiance  to  the  government  of  the  United  States, 

and  under  what  circumstances,  whether  Voluntarily  or 

under  duress,  and  report  the  same.  ii>)'i. /."».;;;';  :\j;^ 

Sec.  4.  Be  itfuxiher  enacted.  That  when 'Any  Co'iirt'of 

Comptroller's      Couuty  Commissioners,  or  Judge  of  Probate,  shall  rriake 

?iuty,&c.  ^jjg^j,  report  to  the  Comptroller,  it  shall  be  his  duty  to 


.    *      87  1863. 

report  toQ  samo  'to  me  ^Governor,  who  shall  determine 
^Vhat  amount  shall  be  applied  to  such  counties  out  of  the 
moneys  hereinafter  appropriated. 
.';  '  Sec.  5.  JBe  it  furfher  enacfed,  Tliat  any  "person  or  por- ,„^iyj.j^,  ,,^1  ^u. 
pons  who  shall  have  voluntarily  taken  the  oath  of  allogi-<'i'''J- 
anco  to  the  government  of  the  United  States,  or  who  is 
disloyal  to  the  Confederate  government,  or  wlio  has  de- 
serted from  the  Confederate  army,  or  who  has  harbored 
deserters  from  said  array,  shall  not  bo  cntitlod  to  tlio 
^benefits  of  thii^  act. 

Sec.  6.  Be  it  further  aiaded,    That  "the  sum  of  fiv^^    .^ ^^.j^^.^^^ 
hundred  thousand  dollars  be,  arid  the  same  is  hereby  ap- 
propriated. 

Sec.  7.  Be  it  further  'maded,  That  the  sums  of  money 
so  appropriated  to  each  county  under  this  act,  shall  bo  nisiribuiion  oc 
distributed  by  tlio  Judges  of  Probate  of  their  respective^'"'* 
counties,  in  the  same  manner,  and  such  officers  shall  bo 
entitled  to  the  same  compensation  and  subject  to  the 
samo  pains  and  penalties  for  a  misappropriation  of  tho 
moneys,  as  is  now  provided  by  law,  under  an  act  entitled 
"  An  Act  to  provide  for  the  support  of  tho  indigent 
families  of  soldiers,"  approved  November  12th,  1SG2. 

Approved  December  8,  1863. 


•No.  102.]  AN  ACT 

f 

To  give  the  Governor  power  in  certain  cases. 

Sectiox  1.  Be  it  rnacfed  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alahama  ni  General  Assemhly 
convened,  That  the  staff  officers  of  tlie  Governor  of  thoG«v«rnor  »ar 
State  ot  Alabama,  whoso  appointments  are  now  or  may ''"""'"' *"'^' 
be  hereafter  provided  ,for  by  law,  shall  hold  their  com- 
missions subject  to  the  discretion  of  the  Governor,  and 
may  be  dismissed  at  any  time,  when  in  his  judgment  the 
]>ublic  service  requires  it  to  be  done. 

Approved  December  7,  1868. 


No.  103.]  AN.  A<5T 

'•  •'■ ;'  ='  !•: 

To  iiicresiHe  the  efficiunuy  ot  .Iht)  QuiirternuuslerV  Depart- 
ment of  the  StHto  oi  Ainbiium.  , 

Sectiox  1.  Be  il  cnactedhy  the  Senate  and  Il>iif,(  of  Bep- 
resf^ntativcs  of  the  State  of  Ald^ama  in  Gcntnd' Assembly 


1863.  88 

Office  »boUihed  (^onventd.  That  the  office  of  Quartermaster  General  as 
provided  for  in  the  military  ^code  of  the  State  of  Alaba- 
ma, be,  and  the  same  is  hereby  abolished,  and  that  all  the 
duties  imposed  upon  that  office  by  the  laws  of  this  State, 
DutisB  to  b«  per-  shall  be  performed  by  the  Quartermaster  General  provid- 
formc'd  by.  ^^  ^^^,^  ^-^  ^^  Ordinance  "  To  provide  for  the  miHtary  de- 
fence of  the  State  of  Alabama,"  adopted  January  19th, 
1861. 

Sec.  2.  Be  itfurthar  enacted^  That  the  Quartermaster 
o«ce  u  be  at    General  shall  be  stationed  at  the  capital  of  the  State,  and 
'"  '^'  shall  keep  an  office  at  that  place  for  the  transaction  of  all 

business  pertaininj^  to  this  department. 

Sec.  3.  Be  it  further  enacffd,  That  all  appropriations 
ciothingiud  made  by  the  General  Assembly  for  the  purchase,  manu- 
•quipmenu.  facturo  Or  distribution  of  clothing  and  camp  equipments 
of  every  description  whatever,  for  the  soldiers  of  this 
State,  shall  be  expended  under  the  supervision  of  the 
Quartermaster  General,  and  it  shall  be  his  duty  to  see 
that  all  sucli  appropriations  are  properly,  economically, 
and  in  good  faith  applied  to  the  purposes  for  which  they 
are  intended. 

Sec.  4.  Be  it  further  enacted,  That  the  Quartermaster 
Diitribuu«  of  General  shall  be,  and  he  is  hereby  charged  with  the  dis- 
**'"  tribution  of  all  salt  either  manufactured  or  purchased  b,y 

the  State  for  the  use  of  the  people  thereof,  and  for  this  pur- 
pose it  is  hereby  made  the  duty  of  the  State  salt  commis- 
Mdajouti  tort-.sioner,  and  ot  all  agents  and  contractors  who  may  either 
port.  *«.  make  or  purchase  salt  for  the  State  of  Alabama,  to  report 

to  the  Quartermaster  General  the  amount  so  purchased  or 
made,  and  to  deliver  the  same  to  his  order  for  distribu- 
tion. And  it  is  hereby  made  the  duty  of  the  Quartermas- 
ter General  to  perform  all  the  acts  which  are  now  requir- 
ed by  law  to  be  performed  by  any  other  officer  of  the 
State  in  the  distribution  of  salt. 

Sec.  5.  Be  it  further  enacted^  That  all  moneys  whicli 

T»  dieburse  unit  may  be  appropriated  by  the  General  Assembly  for  the 

^"°''*'        .      purchase,  manufacture  or  distribution  of  salt  in  this  State 

shall  be  disbursed  by  the  Quartermaster  General,  to  the 

several  agents  who  may  be   employed  by  the  State  in 

such  purchase,  manufacture  or  distribution. 

Sec.  6.  Be  it  further  enacted,  That  all  matters  connoc- 
supporwof  indi-   tcd  witli  the  support  of  indigent  families  of  soldiers  shall 
>f«nt  arui  ie«.      -j^^  devolved  upou  the  Quartermaster's  department,  and 
it  is  hereby  made  the  duty  of  the  Quartermaster  General 
to  superintend  the  execution  of  all  laws  of  the  State  pro- 
viding for  this  purpose.     And  all  duties  which  are  now 


8^  1863. 

by  law  imposed  upon  any  other  officer  of  the  State  gov-,. .  .„,  • 
crDmcut  at  Montgomery,  in  carrying  into  effect  the  leg; 
islation  of  this  State,  for  the  isupport  of  the  indigent  fam- 
ihos  ot'  soldiers,  are  iicreb}'  made  obligatory  upon    the 
Quartermaster  General. 

Seo.  7.  Be  it  further  otacfcd,  That  all  money  expend- 
ed by,  the  Quartermaster  General  in  the  discharge  of  the  ,^,'i;|]^^J^  '"'* 
duties  herein  required  of  him,  shall  be  drawn  Irom  the 
treasury  upon  tho  warrant  of  the  Quartermaster  General, 
sotting  fortji  the  fuud  from  which  it^  is  to  be  paid,  and 
the  purpose  to  M'hich  it  is  to  be  appli'ed.  ..  ,.: 

Skc.  8.  Be  it  further  enacted,  That  it  shall  be  the  duty- 
of  the  Quartermaster  General  to  submit  annually  to  the  u^jiori^  to  iw 
Governor,  by  the  fwst  day  of  Xovcmber,  a  i;om])lete  ve- '"•"'«• 
port  of  the  operation  of  his  <lepartment  during'  tbe  year 
immediately  preceding  i*ueh  report,  sliowing  the  {unouut 
of  all  money  received  and  disbursed  in  said  department, 
and  also  exhibiting  wliat  has  been  done  by  said  de]iart- 
ment  in  providing  clothing  for  the  soldiers,  in  turnishiii,!:^ 
salt,  and  making  provisions  for-the  support  of  the  indigent 
families  of  soldiers. 

Sec.  9.  Be  it  farther  enacted,  That  the  Quaitvrihastei'' 
General  be,  and  he  is  jieir.eby /.authorized  to  employ  >^  J{„j;',. ''""''"^ 
clerk,  at  a  salary  not  to  exceed  iwo  thousand  dollars  per 
annum.-    ■,!  .,^   I-,;:  ■       ,'  •         ,;c,     ;..,,•■■,  ...ij    .f<;;.\  ^i' 

Sec.  10.  Be  %t  /urtJ^]  aiOQied,  'That  all  matters'  con- 
nected with  the  ordnance  department,  created  by  an  ordi- 
nance "To  provide  for  the  military  defence  pt  the  State "" "'""^''' 
of  Alabama, '  adopted  iTanuary  10th,  18G1,  and  all  the  du- 
ties therein  imposed  on  the  ordnance  olficer  therein  men- 
tioned, shall  be  performed  by  the  Quartermaster  General, 
in  this  ;jict  mentioned.  That  the  salary  of  the  Quarter-  smary. 
master  General  of  this  State  shall  hereafter  be  four  thou- 
sand dollars  per  annum,  and  no  more.  .       ,;;    '> 

Sec.  11.  Be  it  further  tnojcted,.  That  said  Quartermaster 
General  t^ hall  in  all  things  be  subject  to  the  orders  a.nd^;»''(ii,v*I«dr'."-'^ 
under  the  command  of  the  Gi^vcrnor  of  tin;  State  of  Ala- 
bama.   /    /)     I,  ,  ,      ,  ^:     .', 


No.  104.]  AN"  ACT  •  !' 

To  regulate  the  settlement  of  accounts  in  the  military 
department  of  this  State. 

Section  1.  Be  it  enacted  hi  the  Senate  and  House  of  Hep- 
12  ' 


1863.  90 

resentatives  of  the  State  of  Alabama  in  0/tnerol  Assembly 
offlceri  to  r«port  coHvened,  That  it  shall  be  the  duty  of  the  several  officers 
qu»rter  y.  ^^^^  agcuts  in  the  military  department  of  this  State  to  re-, 
port  every  three  months,  in  •writing,  a  full  statement  of  all 
their  respective  operations  for  said  period, ^stating  the 
amount  of  cash  on  hand,  and  materials  and  stores  of  all 
kinds,  and  their  situation. 

Sec.  2.  Be  it  further'  enacted,  That  said  agents  and  of- 

To  s«uie  quarter- ficers  shall  be  required  to  settle  with  the  military  audi- 

lyorofteper.      ^^^  |.^j,  ^j^-^^  Statc  at  the  cud  of  every  three  months,  and 

oftener  if  required  by  the  Governor,  and  pay  over  into 

the  treasury  of  this  State  all  cash  balances  in  their  hands, 

if  required  by  the  Governor,  and  on  failure  to  comply 

Penalty  for  fail-  ^\^]^  j-j^Q  provisious  of  this  act,  or  any  one  of  them,  shall 

be  liable  to  indictment,  and  on  conviction  shall  bo  fined 

in  such  sum  not  exceeding  five  thousand  dollars,  a?  the 

jury  trying  the  same  may  assess. 

Approved  December  8,  1863. 


No  105.]  AN  ACT 

To  consolidate  the  unexpended   fund  of  ,tho  Military 
Appropriation.  \     '    V:'* /'.'* 

T''  Section  1.  Be  it  enacted  by  the  Senate  and  Souse  of  Bep- 
resentatives  of  the  State  of  Alabama  in  General  Assembly 

MiHury^^funda  convened,  That  the  sum  of  three  million,  six  hundred  and 
thirty-three  thousand,  one  hundred  and  seventeen  27-100 
dollars,  being  the  unexpended  balance  of  former  appro- 
priations for  military  purposes,  bo  and  is  hereby  placed 
to  the  credit  of  an  account  in  the  xVuditor's  office,  to  be 
known  as  the  "  Military  Fund,"  and  the  Governor  be  and 

?u^  i?''"  *""^  is  hereby  authorized  to  draw  his  warrant  upon  the  Audi- 
tor, specifying  in  his  warrant  the  purposes  of  said  draft, 
and  the  amount  to  bo  charged  either  to  the  Quartermas-  ■ 
ter.  Commissary,  Ordnance,  or  Medical  Department,  as 
the  occasion  may  require. 
Approved  December  7,  1863. 


91  ISQ'6. 

No.  106.]  AN   ACT 

To  exempt  certain  persons  therein  named  from  military 
duty  in  the  proviHional  army  of  the  Confederate  States. 

Section  1.  Be  it  enact^dby  (lie  Senate  a-i\d  House  of  Hep- 
resentdtives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  in  accordance  with  the  provisions  of  the  ^^*'^IT^Z^,^11a- 
fourth  section  of  an  act  of  the  Confederate  States   Con- icctorF,  comuy 
gress,  entitled     Au  act  to  repeal  certan  clau^^es  or  an  actcmmiy  ir.M>,r- 
entitled  an  act  to  exempt  certain  perHdtis  from  military  ^[v^^J'^*^*',"*" 
service,"  approved  May  Ist,  18G3,  the  following  State  and 
county  officers  are  hereby  declared  exempt  from  military 
duty  in  the  provisional  army  of  the  Confederate  States, 
to-wit :  The  reporter  of  the  Supreme  Court,  assessors  and 
collectors  of  State  and  county  taxes,  county  commission- 
ers, county  treasurers,  general  administrators,  where  they 
have  been  in  offi.ce  for  five  years  or  upwards. 

Sec.  2.  Be  it  further  entictcd,  That  the   Governor  be, 
and  he  is  hereby  requested  to  communicate  a  copy  of  oJ^'^^fti?/^"*'*'^'' 
this  act  to  the  Secretary  of  War  at  Richmond. 

Approved  December  5,  18G3. 


No.  107.]  AN  ACT 

For  the  oxemptiop  of  the  officers  of  the  Penitentiary  from 
conscription. 

•  A 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  licp- 
n'seiitatives  of  the  State  of  Alabaina  in  General  Assembly 
convened,  That  the  inspectors,  warden,  deputy  warden, omren,  &c.,  »». 
physician,  clerk,  turnkeys,  and  such  number  of  overseers  •'"P'- 
and  guards,  not  to  exceed  in  nil  twenty  in  number,  be  and 
the  same  ore  hoi^by  exempted  by  this  act  from  military 
service  in  the  Confederate  States. 

Approved  December  8,  1863. 


No  108.]  AN  ACT 

In  relation  to  Alabama  Hospitals  in  Richmond. 
SjCCTioN  \.  Be  it  enacted  by  the  Senait  and  Uo7ise  of  Rep- 


1863. 


92 


'  rescnfaiives  of  the  State  of  Alabama  in  General  Assembly 
Hospitals  <\\s'M\i- convened,  That  all  acts  for 'the  establishment  of  hospi- 
tals in  Richmond,  Virginia,  for  sick  and  wounded  ssoldiers 
from  this  Plate,  be  and  "the  same  are  hereby  repealed, 
tliat  said  Hospitals  be  divescontinucd,  and  that  all  appro- 
priations for  carrying  them  on  be  withdrawn. 

Sec.  2.  Be  it  further  enacted,  That  the  Governor  be, 
and  he  is  hereby  anthorizcd  to  sell  or  otherwise  disposfc 
of  the  property  belonging  to  the  State  connected  with 
said  Hospitals,  and  to  Avithhold  fronj  sde  any  of  said 
property  which  he  may  deem  best  to  retain  for  the  use 
of  th6  State,  or  for  present  or  future  Hospitals,  or  hu- 
mane purposes,  and  to  do  whatever  shall  ue.  necds&ary 
to  ^accomplish  all  or  any  of  their  objects.  ■'    . 

Approved  Deceiiiber  8th,  1863. 


Pispopitinu  of 
properly.',' ' 


No..  109.] 


AN  ACT 


Preamble. 


More  fully  to  explain  alid  carry  into  effect  Joint  RcsqIu- 
tions  i©  relation  to  Alabama  Volunteers,  passed  by  the 
General  Assembly  of  the  State  of  Alabama,  and'  i 
proved  November  5,  1862. 


ap- 


Whebeas,  It  is  desirable  to  preserve  by  proper  record 
the  names,  organization,"  services  and  facts  concerning 
Alabama  troops,  in  their  participation  as  Confederate 
soldiers  in  this  great  struggle  for  freedom,  so  that  relia- 
ble reference  may  be  had  thereto,  for  the  present  benefit 
of  relatives  of  those  deceased,  and  the  survivors  hereaf- 
ter, and  the  dcscetidants  of  these  brave  men  ;  aa  well  as 
that  such  may  be  kept  in  the  archives  of  the  State,  as  a 
perpetual  testimonial  of  the  distinguished  service,  these 
troops  have  rendered  to  her  : —  '    -'" 

Be  it  therefore  enacted  hy  the  Senate  and  House  of  Bep- 
resentatives  of  the  State  of  Alabama  in  §  General  Assembly 
convened,  That  section  two  of  "Joint  Resolutions  in  rela- 
S''sMU">t'»;  tion  to  the  Alabama  Volunteers,"  approved  Nov.  5;  1862, 
coni ""^ '^""^  "'"  ^*^  SO  explained  and  amended  as' to  instruct  the  Govern- 
or of^'the  State  of  Alabama  to  appoint  a  superintendent 
of  Army  Records,  with  the  rank  and  pay  of  a  Colonel  of 
Artillery;  wliose  duty  it  shall  be  to  collect  the  names  of 
all  officers  and  soldiers  from  this  State,  who  have  been 
or  may  hereafter  be  mustered  into  the  service  of  the 
Confederate  ^tates>  and  have  them  transcribed  into  suit- 


bntits. 


93  1863. 

:  V  — r—^ 

able  books  of  record,  designating  the  company  and  bat-j^-^^-^    •;  • 
talion  or  regiment  to  which  each  bektngod.  with  his  rank, 
age,  description,  ]ilace,  date  and  term  ol'  enhstment.  res- 
idence,'  occupation,  time  oi'  actual    service,   and   when, 
where,  and  how  such  service  terminated  ;  and,  "vvitlr  rot-         *^      ^^ 
or^nce  to  solditjrs  who  have  died  or  boon  killed  in^tich ce*a'^TKoidicrs. 
service,  to  ascertain  and   state  in  suitable  i'orm,  as  accu- 
rately as  popRi1)le,  the  account  of  ssuch  deceased  soldiers 
ibr  pay,  clothing,  <fec.,  with  the  Confederate  government, 
to  the  end  that  their  representatives  may  have  infi^rma- 
tion  tliereof,  to  the  obtaining  of  the  balance  due,  without 
cost,  noting  also,  feuch  a,s  may  be  wounded,  and  wlien  and 
where,  and  such  incidents  of  gallantry  as  may  cause  any 
to  be  specially  distinguished;  and  keeping  such  ti'fin-jy'^'"'Ji7prt*''''''''' 
script  as  far  as  possible,  separately  for  each  regiment, 
battalion  or  independent  cowi7)any,  and   com]uling  the  ,       , 

same  alphabeticaHy  in  the  order  of  companies  for  each  ^,,,,,,,„.ii^,,,  ,„..  ^ 
command,  and  with  separate  references  as  to  organize- der  of  Kocmi. 
tion,  nijft-ches,  battles  and  incidents,  as  may  be  necessary 
to  furnish  history  general  and  !?pocial  as  complete  as  can 
be  obtained.     And  mich  records  shall  be  finally  perfected 
by  such  amplifications  and  tabular  statements  in  recap- 
itulotion  as  the  Grovernor  may  direct*     And  said  super-  ^j^jgta,,,^  aiiow 
intendent   shall  be  allowed    such   assistunco  in  the  per- cd. 
formance  of  the  duties  of  his  oflice,  and  auch  remuuera- Romunciatiou. 
tion  for  expenses  and  labor  therein,  as  the  Governor  inav 
authorize.     Provided,  that  the  office  herein  created  shall  ' 

be  discontinued   at   any   time    at   the   discretion  of  the  discontinuance, 
Governor,  and  the   records   ahd  business   ^hereof  trans- *•'• 
ferred  to  the  oflice  of  the  v^ecretary  of  State. 
Approved  December  7,  1863. 


.Nolia]  AN  ACT      . 

*i  «t  f»  •  [;   f'   ■  11':  ;♦     r-,!iV   •*.: 

'FbrthcTdityf  of  tlie  fairriKes  of  solrKer^s  wlio  have  died 
in"  the  niilitary  service  of  the  Confcrltrate  States. 

Section  1.  Be  it  cimcted  htf  the  Senaia  and  Hou.'ie  ofMep- 
rrsphtotiva^  of  the  State  of  Ala  haw  n.  in   Ocnhr&l  Az-sembly  j^pf^no  \)v  np 
<v)nven«f,  That  the  Governor  of  the  State  be.  and  he  is i"*""'^       - 
^ereby  authorized  to  Mppoint  an  agent,  wliose  duty  iti>utici«. 
HJiall  be  to  collect  and  settle  ^dl  claiTus'  for  ])ay,  bounty, 
or  commutation  money,  tliat  may  be  due  by  thd  Coiifed- 
rate  States  to  anj'^  soldiers  from  the  State  of  Alabama, 


1863. 


94 


To  Rtttle  claim*. 


Bond, 


P?y. 


who  may  Lave  died,  or  who  may  hereafter  die  in  the 
military  service  of  the  Confederate  States  during  the 
present  war  :  Provided,  the  Governor  shall  have  power 
to  remove  and  discontinue  said  agent. 

Sec.  2.  Be  it  further  enacted,  That  the  said  agent  shall 
be  required,  under  such  rules  as  the  Governor  of  the 
State  may  prescribe,  to  settle  and  adjust 'the  claims  and 
accounts  of  all  such  deceased  soldiers  from  this  State  as 
may  be  entrusted  to  his  charge,  collecting  therefor  scrip 
from  the  Confederate  Government,  payable  to  the  par^ 
ties  entitled  thereto,  and  to  transmit  the  same  to  such 
parties  as  are  authorized  by  law  to  receive  the  same, 
without  charge  to  such  persons. 

Sec. ,3.  Be  it  further  enacted,  That  said  agent  shall  be 
required  to  give  bond  for  the  faithful  performance  of  his 
duties,  if  in  the  opinion  of  the  Governor  such  bond  shall 
be  deemed  necessary,  in  such  form  as  the  Governor  of 
the  State  may  require. 

Sbc.  4.  Be  it  further  enacted,  That  the  Governor  is 
hereby  authorized  to  pay  said  agent  such  compensation 
ns  he  shall  deem  just  and  reasonable,  not  to  exceed  the 
sum  of  three  thousand  dollars,  which  shall  bo  paid  by 
his  warrant  on  the  Treasury  of  the  State ► 

Approved  December  8, 1863, 


No.  111.] 


AN  ACT 


To  provide  for  the  military  defence  of  the  State  .of  Ala- 
bama. 


Section  1.  Be  it  enacted  hy  ike  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 

Appropriation,  convened.  That  the  sum  of  fifteen  hundred  thousand 
dollars  be,  and  the  same  is  hereby  placed  at  the  disposal 
of  the  Governor,  to  be  used  and  expended  under  his 
direction,  and  paid  out -upon  his  warrants,  for  the  mili- 
tary defence  of  the  State,  if  necessary,  in  such  manner 
as  he  shall  deem  best  for  the  good  of  the  State. 

Sec.  2.  Be  it  further  enacted.    That  if  the  sum  hereby 

Bondi  mr  i«««o,  appropriated  shall  not  be  in  the  treasury  when  necessary 
to  bo  iised,  the  Governor  may  supply  the  deficiency  by 
the  sale"  of  State  Bonds,  bearing  interest  at  the  rate  of 
six  per  cent,  per  annum,  having  twenty  yeari  to  run, 
and  renewable  at  the  pleasure  of  tl;e  State,  which  bonds 


95  1863. 

shall  have  coupons  for  interest  attached,  payable  semi- 
annually, in  such  funds  as  may  be  current  at  the  time  of 
their  maturity. 

Sec.  3.  B*  it  further  enacted,  That  all  coupons  of  bonds 
issued  under  the  provisions  of  this  act  shall  be  received '-^"p*!"* '•"^'■"'v- 
in  payment  of  all  taxes  and  public  duos  of  every  descrip-ou*',  a,/'" 
tion,  and  for  all   corporate   and   county   taxes  levied  or 
assessed  after  the  passage  of  this  act,  except  the  tax  on 
gold  or  silver,  sterling  exchanige  and  bank  notes. 

Sec.  4.  Be  it  further  enacted,  That  if  any  person  or 
persons  shall  fortre  or  falselv  alter  anv  bond  or  coupon  •"•"'''' -^.'"5 '"'« 
issued  by  virtue  or  this  act,  or  shall  alter  or  attempt  to 
pass  any  forged  or  altered  bond  or  coupon  purjiortirg  to 
bo  issued  in  pursuance  of  this  act,  knowing  such  bond 
or  coupon  to  have  been  forged  or  altered,  such  person 
shall  be  guilty  of  forgery  in  the  .first  degree,  and  shall 
suffer  the  pains  and  penalties  now  aflfixed  by  law  for 
forgery  in  the  first  degree. 

Sec.  5.  Be  it  further  enacted,  That  the  Governor  is 
authorized  to  pay  the  person  or  persons  employed  by  ^^,^^,f"''"' ''"'■ 
him  to  sign  and  number  coupons,  and  to  number,  date 
and  fill  up  the  same,  such  compensation  as  he  shall  deem 
just,  either  by  the  day  or  by  the  thousand  numbers  and 
signatures. 

Approved  December  7,  1863. 


No.  112.]  AN  ACT 

To  amend  an  act  entitled  "  An  Act  to  re-organizo  tho 
Militia  of  the  State  of  Alabama,"  approved  August 
29th,  1863. 

Section  1.  B*  it  enacted  by  the  Senate  ami  House  of  liep- 
reseniative^  of  the  State  of  Alabama  in   General  Assembly 
convened,  That  whenever  the  State  militia,  or  any  I3ftrt  of., 
the  same,  IS  called  into  tho  active  service  of  tho  State. •rgwu.. 
that  the  Governor  may,  at  his  discretion,  organize  the 
militia,  so  called  into  active  service,  into  companies,  bat- 
talions, regiments,  brigad<':<  ainl  divisions ;  the  Generals 
of  said  brigades  and  divlsi.Mjs  fo  be  appointed   by  theomctri,  how»p 
Governor,  and  the  commisHiniiLd  oificers   of  said*  com- ''^'"'*'''*'^ 
panics,  battalions  and   rogiineDts,  to  bo  elected  by  said 
respective  commands,  upon  such  notice  and  under  such 
rules  and  regulations  as  the  Governor  may  piescribe  ; 


1863. 


Iv'ijuisitioii    of 


liriiti.,: 


DvlkuJU-i's. 


IIi.iw  organized. 


Orgaiiizatiou  to 
coiitinuo. 


Kink  or  .'llici'i-,- 


Rcpeais  ■  Sec. 
&c. 


Salt  makers. 


96  . 

the  orguiii./.atloii  in  other  respects  to  coniorm  to  tWt  of 
the  Provisional  Army  of  the  Confederate  States.' 

Sec.  2.  Be  ii  further'  enacted,  That  any  reqni.sition 
which  has  been  or  may,  hereafter  he  made  by  the  Presi- 
■  dejit  upon  the  State  mihtia,  for  Confederate  service,  shall 
bo  supplied  by  the  Goveruor  by  draft  or  othcrwis^e,  as 
he  may  direct,  from  all  or  any  part  of  such  militia  at  his 
discretion,  according  to  the  exigencies  to  be  met,  the 
numbei"  of  troops  required  and  the  term  of  service,  and 
iu.  tJSiSe-of;  «  draft  tlie  same  shall  be  made  and  enforced 
"undei;  t^uich  rules  and  regulations  as  he  may  prescribe  ; 
and  he  shall,  designate  the  time  and  places  at  which 
the  drafted  men  shall  rendezvous ;  to  cause  defaulters, 
failing  to  ap[)ear  after  reasoiia.ble  notice,  to  be  published 
and  arrested  and  ])nnished  as  deserters,  according  to  the 
rules  of  tlie  military,  law  ;  to  organize  the  drafted  men 
into  companies,  battalions  and  regiments,  brigades  and 
divisions,  as  provided,  by  ithe  first  section  of  tliisact,  and 
totfpirnish  subsistence  and  .trauspprtation;  to  the  plf^ces 
of . rendezvous.      :  ,,    ^■-,      ■:'■'.;;•.,    ,-.  .         ■      .■. 

Sec.  8.  Be  li  /z*r^Ae}.'.e%ao^e^,.Tliat  the  prgauizatiou  as 
provided  by  this  act  shall  continue  no  longxir  than  the 
State  militia  shall  continue  in  active  service.         .     ,      :    . 

Sec.  4.  Be  it  fnriher  enac^d,  That  the  relative  rank  of 
oflicers  of  the  same  grade,  elected  on  the  same  day,  shalL 
be  decided  by  lot,  under  the  direction  of  the  Governor, 
and  that  the  rank  of  officers  appointed  shall  be  decided 
by  the  order  of  their  appointment.  •  vTf  ..n>' 

Approved  December  4,  1863. 

■'.      :•..:■,    ■o'vt  '  v.  '-yfy   ■ 

: i»lt^    ^ii t   io   till tiiit 


No.  118.]^ 


AN  ACT 


To  ;imendvai>.,",,8'^t  4<^<jla'r.ing''who  shall  be  exempt  from 
militia-^ty  inthis  State,"  appvQve,i^ugi}st  29th,  1$63. 

;'-•■  -..f.  >  ;  ■,      •>  •    ,,    .  :;    ,;':•  i  .    ■  •     ■   •  ■    _     - 

Sectj;on  1.  Be  it  enacted  In/  the  Senafe  and  House  q/'Bep- 
rjisentutives  of,  tJie  State  of  Alabama  in  Ocneral  Assembly 
cpnv&'tied,  That  Section  2  of  an-  act  declaring  who  shiill 
b©  exempt  from  militia  duty  in  this  State,  approved  Au- 
gust 29th,  1863,  bo,  and  the  same  is  hereby  repealed,  ' 
,  (-.Sec.  2.  Be  it  furiltjcr  enacted,  That  any  person  liable 
jbQjSjervice  in  the  militia  of  this  State,  who  shall  make  a.% 
m,Vich  as  ten  bushek  of  salt  per  day>  on  his  individual 
account,  or  on  a  partnership  account  in  which  said  per- 


97  ^'.MM-      jggg^ 

son  is  conceriied,  and'fehall  sell  the  ssAnd  foV  ^Confederate 

or  State  treasury  notes  to  the  Governor  of,  the  State  for 

the  Use  of  the  people  thereof,  at  a  price  not  exceeding 

fifteen  dollurs  per  bushel,  and  deliver  the  ^ult  in  such*   f,V,''V'     . 

quantities  and  at  such  places  as  the  Governor  may  di-' 

reet,  shall  lie  exempt,  from  such  service.     Provided,  but 

one  'person  mal^inp:  salt  lor  a  Cjompajjy  of  })artrtership  in 

whicli  he  is  concerned  shall  be   eXcnipl  under 'tliis  W6t^ 

And  provided  furtlitr,  that 'salt  raanufiv<iturv.,d,\yithirt  t^e' 

limits   of  this   State   shall   be   dclivei-'ed    at   tlio  A'^cJi'ks 

where  made. 

Sec.  3.  Be  it  furtJier  enaded,  That  Section    1  of  said 
act  be  amended  as  follows  :  Ist,, Strike  out  the  word8^x«mi>i»  waeon 
"and  no  exemption  in  any  case  can  be  made  except  for  ™/,g"an,j'j.p/^^^^ 
State  or  public  purposes,"  where  they  occur  in  lines  54  "^-k""*^  '►y  got- 
and  55   thereof,   and   insert   ih  "lieil  \h6reof  thef'^ovds''"""^' 
'"  wheu  he  thinks  the  public  good  will,  be  promoted ^by        . 
such  exemption."     2na,  Insert  the  words  "  and  .'\v4go"n 
maker  and  tanners,"  Provided,  they  have  been.ent!;age(J*  \^  t"-^ 
exclusively  in  that  business  for  three  yburs  n6xt  prece-j^ 
ding  the  commencement  of  the   war, 'and   will  not  sell 
leather  for  more  than  one  hundred  per  cqnt.  on  the  post 
of  the  raw  material.     After  the  words'  '*  blacksmith'**  in 
the  22nd  line  thereof,  and  the  words  "and  negro  wii^ofi ' 
maker"  after   the   words  "negro   smith"  in   thei  sUme' 
line.     3d,  After  the  words  "blacksmith"  in  the  24th  litis' 
of  said  section  insert  the  words  "  and  wa^on  maker.'*     ' 

Approved  Decfembci-  Uh,  1863.  •     •'•"•^•;v"  ;•  ^'7  ••'''" 


,IT'^«hVi>i»^  x-tAVA^y 


Tj 


No.  114.]  AN  ACT  ',^"'*'  ^"*  ^'  •";«;'^'»'•^ 

In  relation  to  the  Exemption  of  Firemen  from  militia/ 

duty. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  o/Rej?- 
resentatives  of  the  State  of  Alabama  in  General  Assenmy  rir«m«  exempt 
convened^  That  no  Fireman  shall  be  exempt  from  militia  ^i'*" 
duty  under  the    existing    laws   of  this   State,  unless  h(> 
belongs  to  some  lawful  military  organization  and  duly 
performs  his  duties  as  a  mcmter  of  such  organization.    •.      •  " 

Approved  December  7,  1863. 

13 


1863.  98 

,;,,,.    -No.  115.]  AN  ACT 

•%..,/vr>.,i..    To  amend  an  act  therein  named.     „  • ,  ^.i 

Sbctiox  1,  Be  it  enaeied  hy  the  Senate  and  House  of  JRep- 
,yiroa.en  of  Tiir  resentative^  of  the  State  of  Alabama  in  General  Assemhly 
cai.x«»  ««mpt   coMrrnf(?,    That   Section   1  of    "  an  act  entitled  an  act 
declaring  who  shall  be  exempt  iVoni  luihtia  duty  in  this  ' 
State,"  approved  August  29th,   18()3,  be  so  amended  as/ 
to  insert  th«  word  "Tuscaloosa"  after  the  word  "Moi[it; 
gomery,"  where  it  occurs  in  said  section. 
Approved  December  3,  1863. 


SECTioN'  1.  Be  it  enacted  hy  the  Senate  and  House  of  Jlep-  , 
lify^YoMied "ii"  *'**'^^'"^'^'''''  ^-if  ^^^^  State  of  Alahania  in  Qtneral  Asaemhly  , 
tiuwi.  cmivened,  That  it  shall  be  the  duty  of  the  Governor  .of, 

this  State  on,  the  first'  (5ay  of  January,  next,  and  also  at 
the  beginning  of  each,  and  every  niojith  thereafter,  to 
certify  to  the   Commandant  of  the  Home  Reserves  uf 
each  county  in  this  St^te,  a  hst  of  theniimes  of  all  per- 
sons authorized,  under  cpntract  made,  to  disjilll  grain^,, 
under  the  provisionn  otj  an  act  passed  anji  approved  ouf. 
the  8th  day  of  t)eqem)3ery  1 862,  entitled  ".An  Aet  t"i^  pi'^-*, 
hibit  the  distillation  of  ^rijtii^  in  the  State  ot*,^Uiji|3a,U)^, 
except  imder  the  direction  and  aulliority  of  tlie  Ubv- 
ernor." 

Sec.  2.  Be  it  further  enacted,  That  upon  the  receipt  of 
j^"^y  "fc«™       tuch  list  by  the  County  Commandant,  he  sluwll  proceed 
to  satisfy  himself  whether  any  person  or  persons  within 
the  limits  of  his  countyv-wl^ose  name  does  not  appe^i^'  on^, 
such  list,  are  engaged,  either  in   person  or  tlirougl)  tlie  ' 
agency  or  assistance  al|-  any  otl^er  person  gr  slave,  in  the  , 
distillation  6i  gi'ain  into  ardent  ispirits  cohtrary  to  Taw  ;  " 
he  shall  be  authorized,  and  it  is  hereby  made  his  duty, 
Tuumke.uth.     to  make  affidavit  before,  the  Judge  ol'  Probate,  qr  aiw 
Justice  of  the  Peaceof  his  county,  that,  on  informatip^)^ 
':■"*'  ""^'j^nd  belief,  such  person  is  engaged  in  distilliijig  grain  into 
ard,ent "spirits  cohtrary  to  law,  and  thereupon  it  shalll^.e  ,• 
watranftoa^r  t*^®  ^^^^y  ^^'  ^^^^  Judge  of  Probate  to  issue  his  Avarranit',. 
jtnd 8«)ze ntsuj     directing  the ^a^d.Ominty^C  to  arrest  such'. 

VA 


•ui 


99  1863. 


j'pprabp^a^nU  seize  jsurti^s^^^        eniploycd,  ai)d  bind  such 

jiers'on  lu  iVliqncl  oT  riye,  tlwiiiaabd  dollars,  payable  to  the 

State  of  Alabama,  and  oomlitioncd  to  appear  at  the  next 

term  of  llio  Circuit;  Cdui,-t  of  Kaid  county,  to  answer  an 

indictment  to  bo    pivferred    against  him   lt)r   distilling 

gri*iu,  contrary  to. the  provisions  of  said  act,  approved 

the  8th  day  of  pccember,  1S02,  "  to  prohibit  the  distil- 

,  )latiou  of  ^rain  in' ,ihe  State  of  Alabama,  exrept  undfei- 

jiho  (tirectiou  and  aiifhority  of  the  Governor  f  and  updp  |f^,„„p  ,„  j,^, 

!pvich  person  failing 'or  refusing  to  give  such  bond,  it  phall ''""'' 

1l)e  tKo  duty  of  sucli  County  Commandant  to  commit  him 

to  the  jail  of  said  c^cmntv,  by  a  mittimus  fa  writing  ;    it 

sliall  further  be  the  dut}'  of  *suc1i  Commnndniit  to  return     *     . •  . 

\o  the  clerk  of  tlie  Circuit  Court  said  affldiVi'    tnil  bniid.  n-fn.  inum, 

I»ef«)rc  the  first  d:uv   of  lhe,iu\x/    Cirtv  -i'jr  •! 

<-ouuty,  wIh.  shnir  turn  iwl*U^(v^(^'   '""'  ^'  ^     ' 

of    "^aid    coii  mv.     -ivd    "'"•■•    !    <l. •('.••  ■ 

(•!!ari:<>d  1'-'il  '  ^r.'iK-C^jii  '<  ■■•'■■•. 


mI. 


M*j  ,".i>.y 


0 


i: 

'I 


y 


18C3. 


100 


liiif'A 


No.  117.] 


AN  ACT 


Licensa  busj 
•d. 


ProTiso. 


To  authorize  the  Governor  of  the  State  of  Alabama  to 
suspend  the  right  of  licensed  retailers  of  spirituous 
licjuors  to  retail  or  sell  spirituous  liquors  within  ten 
miles  of  any  military  encampment  in  said  State, 
whenever  he  may  think  the  public  good  requires  it. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
and  convened,  That  the  Governor  of  said  State  be,  and  he  is 
'     hereby  authorized  to  suspend  the  right  of  any  licensed 
retailer  of  spirituous    liquors   within  ten  miles  of  any 
military  encampment  in  said  State,  whenever  he  may 
tlaink  the  public  good  requires  it;  Provided,  the  provi- 
sions of  this  act  shall  not  apply  to  licenses  heretofore 
granted. 
Approved  November  17, 1863. 


No.  118.] 


AN  ACT 


To  amend  the  3rd  section  of  an  act  entitled  **  an  act  to 
enable  the  people  of  Alabama  to  procure  necessary 
supplies  of  salt  at  reasonable  prices,  and  for  other 
purposes,  approved  December  9th,  1862. 

Sectio^  1.  Be  it  enacted  by  the  Senate  arid  Souse  of  Hep- 
Power  of  Govorn-'^'^^^^^^^^^'^'^i'^^^^^^  State  of  Alabama  lu  General  Assembly 
or  '^.'■''"l?^'^  ""'^  convened,  That  the  third  section  of  the  above  recited  act, 
sionor.        ' '   be,  and  the  same  is  hereby  amended  by  adding  the  fol- 
lowing words  thereto  :     "  In  case  the  commissioner   ap- 
pointed under  this  section  should  be  removed  or  should 
die.  the  Governor  shall  appoint  another,  and  may  remove 
and  appoint  whenever  in  his  opinion   the  public  good 
requires  it,  and  shall  fill   the   vacancy   whenever  one. 
occurs  for  any  cause. 

Sec.  2.  Be  it  further  enacted,  That  the  6th  section  of 
said  act  be  and  the  same  is  hereby  amended  by  adding 
noil peisoiKii  pi-o- the  lollowing  words  tliereto  :  and  may  at  any  time  sell 
any  portion  of  the  personal  property  used  in  th^i  produc- 
tion of  salt,  if  in  his  judgment  it  would  be  for  the  inter- 
est of  the  State  ;  Provided,  that  the  commissioner  or 
commissioners  and  other  agents  appointed  by  the  Gov- 
ernor under  this  act  shall  receive  the  amount  of  their 


pcrly. 


101  1863. 


pay  or  salaries  in  Confeder>>to  or  State  Treasury  notes —  ray  or  Gmmu- 
at  Uie  option  of  the  Stat©  Treasurer  of  the  State."  umTJ!"'  '"^ 

Approved  December  8th,  1863. 


Penally  for  ob. 


No.  119.]  AN  ACT 

For  the  protection  of  Artesian  Salt  Wells  of  this  State, 

/  Section  1.  Be  it  enackd  hy  the  Senate  aiid  ffonseqf  Mep- 
' resentatives  of  the  State  of  Alabama  in  General  Assembly 
convened;  That  if  any  person  or  persons  shall  wilfully  it'ructiug' 
or  maliciously  obstruct  any  of  the  Artesian  Salt  Wells  in 
the  State,  by  throwing  in  said  wells  pieces  of  iron,  wood 
or  any  other  substance,  or  in  any  other  manner,  shall, 
on  conviction  thereof,  be  fined  in  a  sum  not  leas, than  one 
thousand  dollars. 
Approved  November  28th,  1863. 


No.  120.]  AN  ACT 

To  repeal  m  part  "An  Act  to  rcpulate  the  sale  and  expot- 
tation  of  Corn,"  approved  December  8th,  1862. 

Section  1.  Be  il  enacted  hy  the  Senate  and  House  of  Bep- 
reseniatives  of  the  St aie  of  Alabama  in  General  Assembly 
convened,  That  from   and  after  the  passage  of  this  act,  so  reithcuon  on 
corn  and  all  other   articles   of  provisions  may  be  trans- 5iXuo°"**'"''^ 
ported  to  the  city   of  Mobile  bv  rail   road  or  otherwise, 
and  sold  free  from  all  restrictions  wliatever. 

Sec.  2.  Be  it  further  enacted,  That  nothing  contained 
in  the  act  mentioned  in  the  title  of  this  act,  shall  be  con-.n_    „^.  „ 

.  '       ■  Bona  Die   pur 

atrued  to  include  or  embrace  any  case  where  a  person  ciun.^r  or  farrp 
who  may  have  purchased  from  another  a  plantation  or  °°'''"  ^*** 
farm,  may  have  also  jiurchased  or  may  purchase  the  corn 
or  other  grain  on  such  plantation  or  farm,  in  good  faith, 
and  without  intent  to  evade  the  said  act,  and  corn  and 
other  grain  so  purchased  shall  not  bo  aubject  to  the  pro- 
viiions  of  said  act. 


jggg / . i  — d'iltiW  yiTf«ir,oYf  •)ii;*J^  Tr-  ^^^^fV;T  oO^  m  h..]  !i-lf:<V}'v 


Sec.  8.  ^e  rf  further  tnacted,  That  all  laAvs  or  parts 
R«peai.  of  laws  conti'aveuing  the  provisions  of  this  act  be  and 

the  same  are  hereby  repealed. 
Approved  December  8,  1863. 


,0*  TJUnyi 


To  continue  the  office  of  Commissioner  and  Trustee,  and 
to  provide  for  tKe  payment  of  tlie  foreign  debt  of  the 
fetate.  .    ' 

'  Stec'tion'.I  .  Be  it  enacted  hy  tfie  Senate  and  ^okifiec^ iie^y- 
' rescntatives  of  the  State  of  Alabama  m  (general  jsscmhly 

K\on»T  commuoA  rdnvc77fd,  Ttiat  John  Whiting' be,,  and  ho  is  hereby  con- 
tinued in  the  office  rff' Commissioner  and  'frustoe  to  set- 
tle any  remaining  bnsim^^s  of.the  SUito  Bai>k  and  brant^lies 
,and  to  provi(fb  for  th\i'%refgn  tieblrbf  tli6'.^Me''iitl' tlio 
interest  thereon^  with  the  same  powers  :is  heretolbro 
conferred  upon  him  by   law.     Provided,  hi-   slir.ll.  r^.ivo 

ajii.i.  bond  and  security  as  heretofore  [)rovided   by  iiW  lov  f  !:»> 

faithful  discliarge  of  his  duties.  And.  juovidrd/nrlf.i-r, 
that  this  act  sliall  reunuu  in  full  force  untH  V'A^Y"'^'^' 
directed  by  the  General   Asr^en^ldy  ;  aii.r  ihntJ-'V.'W* 

raj-  peusat^on  ol  said  Co^unissione'r    shall    Iw-   oue.  ;h<>u.s;t!;j:,! 

dollKr?'Der;ktimitei'intil/cia:[)g|e'd^We^^ 

l^]y  .irO^  ,rli^t;.i'tf.iit>6'/U  myt?u^t\H>\{i-uyJ  lu  /laJliJt  -T 

Hec.  2.  Bcl.t  further  '<iii<i<-t<d,  'V\\-\J\\h^\\^(\   i%-v^\r:- 
funds..   .      '    '1^1  the  TreasTjrv;' cbin,,bHivk 'tr)[c  :  ^v■ 
^ii'JT.k^ Wi^  foreign  'debt,' ^iKid'''<'i'^i.\M:Jn     ■    ' 


May  bdirow. 


raisro  wiii  tb  fmV''  t1JGNntbro;-t   <hi *•  ■. 

State,  ])aYab--'^-^'"iVr'lJmidoU-^HIi'Jf1^  ; ! '- 

^st'Julv.'ieRCKbd  on  aie'-j^ffarin-;-,  ;  v>\  :;r  .•t-t;'"-:- 
tb'the  sum  of  oi2:htt'tlV(^n^;ihVr¥li5iV^c  !iiiVV(^'tv^rti>,.?pii  ry.A^.Vf 
dolh^rsand  thirt(^Gn^-K*ffki^VH6'^'?^^ur'l^^MHHiv   ■  '  -' 

Tnisleebe,  nh(rh(<*lfi''WeW^'\'  :i^?l*F^Hi'iV.!  'f^^ 
aiiy  one  or  more'df''tl^c''l^iiV>K^'  rittf^i:^  '^^t^iV!^.  ^v:t>«'"-*^ 
person  t)Yi^tx&iy\iK^iti\^6\\).\H\p:<'hxhmn^'^^^^^^^^ 
«u1i^6dWf)ar3Hi(l'i*ift(ni^^Ln!|j^'f!Y!V-J.?.'^ 
so'dne^  lis  aiVn^i^sHid  iVi  J^dJi^Wii  Hnd'iF;^^H/*^-:^titf^i'?rWl^ 
to  eighty    thousand    Mii-ee    hundre^l  ai^;V^V^5'iily  «fm*li-*^> 
and  thirteen  cents,  at  a  rate  of  interest   not  e-ccArodiiig 
five  per  centum  per  annum,  to  bo  paid  in  coin. 


103  1863. 

Sec.  3.  Be  it  further  enact^,  That  the  Governor  be, 
aod  he  is  hereby  required  to  have  ilsued  and  delivered  bo"<i*  '^^y  ^•■ 
to  said  Commissioner  and  Trustee,  such  a  bond  or  bqpda 
of  the  State,  with  interest  at  tlie  rate  of  fivo  per  centum 
per  annum,  as  may  be  required  to  carrj  out  the  provis- 
ions of  this  act,  said  bond  or  bonds,  to  be  issued  in  the 
same  manner  and  imder  the  same  restrictions  as  is  now 
required  by  hiw  iu  the  issuauce  of  bonds  of  this  Stata. 

ApproTed,I)«^ceud)er  8,  18G3. 


d««li(iTf<l 

r 


r«atur*r  to  re 


No.  122.]  AN  ACT 

To  authorize  the  destructioti  of  mutilated.  Treasury  Notq 
Chango,  Bills  of  the  State  of  Aljtbajna. 

Section  1.  ^«  it  rnactedyy  llic^eaale  and  Home  ofTiep- 
rcseniaiives  of  tine  Stale  (f  Alahdma  in .  Oenerfd  Assemhly 
convened,  That  .the  mutilated   Cliange  Bills  iioW  in  .tlieqiiaMs.i)!!!,.  i 
State  Troasury^  and  ajfio  thoso  which  .may  be  hereafter 
rqcoiycd,  shall    l^e  di.'airoyold'  fey  Imrnihg^us  horeijiafte 
•  directed.  i         .  '        i 

*  .$B0.j  2    Be  ii'furthfj-  wrtcffcZ,  That.iisliall'feia  llip  Miy^" 
or  f lie  f^tale   Treasurer   from  time    to  time''to  causi'  the''*!' 
said  Change  ^il  Into  he  .registered,  by.  their  don.oni|u^-    "'"         ' 
tiuns'in  a  book  to  bo  provide(.rfortliat  purpose,  and  uftor;      *.  ••  <•■     •* 
the  same  shall  be  registere(i,,!it'shall  bo  his  duty  to  bu^ii to bmnwiis 
said  bills  in  the  presence  dr'lli'o  tjOvernor,  SecrotAry  of 
State  and  Comptroller  of  Public   Accounts,  or  either  of 
them,  who  must  certify  to  the  burning  of  the  same  in- 
the  book  in  which  the  s;iid   bills  are  rt^gistered,  and  the 
C(>m[)troller  of  Public  Accounts  is  hereby  ;iuthorizod  to 
draw  a  special   WMvrunt   iu   favor. 'of  the  said  Trea.surer.*«''»i  w«rr«ut 
for  the  amount  of  said   bills   to  bo   burned  as  aforesaid', 
which  a^iidwiirriwt  shall  bt^j  ^'utcred,  as  a  crudit,to  thpfj. 
Tr'easurei:oiji  the  book's* of  the  Com})trollev"8  officQ.  \^," 

Sec.  3."5f  if  furfJirr  aiact'eil,  That  fcir  r(>gis(ering  said 
l)illathe  Treaswer  shall  be  allowed  su(,;U,rui^s()naJ>k' wiy-tc^X'"'''"  '^" 
pensatiou  a«  the   Governor    may    ord^r,   and  t!he' Comp- 
troller shall    on   such   OT'^  f,    «lr!i\v   hia,  warrayt  on  Mm' 
Treasurer  for  th«#  samq,        , 

Appiroved  Noreraber^5,  t^C<:,. 


1863.  ,"'   uiiijy*   .t|jm>>.«-      .v.vr,^,W  VA 
■  .Hi  h'MS44t    f.«/.,T('>l     (..,:■  tr,,-',    •    ..■ 


No.  128.]  :',!^^''»-ANACT 


■' '  Fbr  tlie  distribiitidn  -tJf  tlie  Educational  Fundi ' 

'SilbTirfir  1  ^'"ff^ifMH^  *bij  m  S^nktc  a^d 'Hovsc  of  Rep- 
resn^fatives  of  tht  Staie  of  Jlabania  in  •General  Assembly 
siifKiu  -..'■'■^xu, convened,  That  the  Superintendent 'df  EcIUcation  is  hefe- 
tiin  caimtir:^.  DY  authorizcd,  .HI  declai'ing  a  dividend  oi  the  educational 
fund,  to  allow  to  counties  from  which  returns  of  the 
number  of  children  therein  have  not  been  made,  in  con- 
sequence of  their  occupation  by  the  public  enemy,  a  pro- 
portion of  such  funds,  basing-  b^s  allowance  upon  tl)p.re-„ 
turns  last  made  to  his  office/  '  '"*    ■'^''' 

Sec.  2.  BeitJ'urther  enacted,  That  whei-e  in  any  coun-:, 
How  riiawn  when  ty  the  tax  collector  theiTcof  lias  failed  or  been  unable,  by 
couecr'^ '"''* '"   reason  of  its  occupation  by  the  public  enemy,  to  collect 
the  taxes  due  therein  and  to  pay  to  the  County" Superin- 
tendent the  dividend  of  tlie  educational  fund  which  has 
been  or  may  hereafter  be  declared  due  to  each  county,  * 
the  County  Superintendent  of  such  county  may  draw  his  '. 
warrant  on  the  State  Superintendent,  who  shall  draw  his  ' 
warrant  on  the  Comptroller,  who  shall  draw  his  warrant  ' 
on  the  Treasurer  in  favor  of  such  County  Superintend- 
ent for  the  amount  due  such  county  from  the  educational 
fund. 
^    ■       ,    .       Sec.  3.  Be  it  fitrtJier  enacted,,  Thai  this  .act  shall  con- 
tmue  m  force  durine;  the  war./     ,  ,.  ••  •,  .; 

Approved  December,  7»  lop^  '  i 


No.  124.]-  AN  ACT 

To  amend  "an  ac^  to  establish   an  institution   for  the 
Deaf  and  Dumb',"  approved  January  27th^  1360. .  , 

Section  1.  Be  it  enacted  hy  ilie  Senate  and  House  of  jRep- 
Appropriation  iu-  restntatives  of  the  State  of  Alabama  in  General  AssemUy 
convened,  That  in  the  7th  line  of  the  7th  section  of  said 
act  strike  out  "  five,"  where  it  occurs  .and  insei't  ."eight."  ' 

Approved  December  8,  1863.        '  ''^^^--^SVnkiy^^i^^^  f 


creased. 


105  V       1863. 

No.  125.]  *     '  AN  ACT 

To  provide   for   lusane  convicts  sent  from  the  Peniten- 
tiary to  the  Alabama  Insane  Hospital. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Hep- 
re.sejitatives  if  the  State  of  Alabama  in  General  Assembhf 
convened,  Tiuit  the  ttxpensos  ah-eady  incurred,  and  which  ^'miMirt  ui  o.m. 
may  lieroal'ter  accrue  in  the  support  of  insane  convicts 
who  liave  been  and  may  hereafter  be  sent  from  the  Pen- 
itentiary to  the  Alabama  Insane  Hoipital,  shall  be  paid 
by  the  fetato  on  the  drafts  of  the  Treasurer  of  the  said 
Hospital,  endorsed  by  the  President  of  the  Trustees, 
drawn  quarterly  on  the  Comptroller  of  Pubhc  Accounts, 
who  shall  issue  his  warrant  therefor  on  the  State  Treas- 
urer in  favor  of  the  Treasurer  of  the  Hospital. 

Sbc.  2.  Be  it  further  enacted^  That  all  other  acts  iii„^,,^, 
conflict  with  this  act  be,  aud  the  same  are  hereby  re-  "'*** 
pealed. 

Approved  December  3,  1863. 


No.  126.]  AN  ACT 

To  provide  for  the  location,  partition  and  allotment  of 
lands  held  in  common  by  two  or  more  Railroad 
Companies. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Eep- 
reaentatives  of  (he  State  of  Alabama  in  General  Assembly 
convened,  That  when  two  .or  more  Railroad  Companies  pJl^m!!-i"**^""^ 
hold  or  are  entitled  in  common  to  any  lands  in  this  State 
under  or  by  virtue  of  any  act  of  the  Congress  of  tht^ 
United  States  of  America,  any  act  of  the  (leneral  As- 
sembly of  the  State  of  Alabama,  or  any  ordinance  oi'  the 
Convention  of  the  State  of  AUibama,  and  the  saine  (jan- 
not  be  located,  partitioned,  and  allotted  by  mutual  agier- 
ment  and  arrangement  Ijetwcen    the  several    Railrond 
Con»panies  interested,  then  and  in  that  case  each  cou)- 
pany  interested  shall  choose  one  commissioner,  who  ^*ll;lll!lWo.u•a 
not  be  a  stockholder  or  offiwr  in  the  cftnipany  for  which 
he  is  chosen  ;    and  the  commissionera  thus  chosen  s^hall 
])rocced  with  all   reasonable  despatch   to  Kicatc:  and  par- To  u«.ai»  ami 
tition  the  lands  thus  held  in  common,  allotting  to  each  '""^""•" 
company  the  lands  «©t  apart  to  it,  aa  far  as  practicable, 
U 


1863. 


106 


AUotmRDti  by 
quanlitj'  aud 
(limlity. 


Locullty. 


Ou  failure  to  ap 
point,  'Governor 
appoints. 


Limit  of  juiiBilic 
lion. 


Umpire. 


Location  to  ha 
cortiflftd  to  l>nj 
Olllce. 


Comtnlisiouers 
how  paid. 


by  legal  Biib-divisious,  which  allotmelits  shall,  as  near  ds 
may  be,  be  equal  in  quantity,  quality  and  vahie  ;  and  in 
the  ascertainment  of  value  due  regard  shall  be  had  not 
only  to  soil,  timber,  Avater  privileges,  mineral  deposits 
and  locality,  but  to  all  other  circumstances  that  sliould 
properly  enter  into  an  estimate  of  value. 

Sec.  2.  Be  it  further  enacted,  That  to  insure  more  per- 
fect uniformity,  equality  and  justice,  the  allotments  shall 
be  distributed  as  uniformly  and  generally  as  practicable, 
80  as  to  give  to  each  company  an  equal  quantity  in  every 
locality.  "     ■ 

Seo."  3.  Be  it  further  enacted,  That  if  any  company,  in- 
terested in  common  with  any  other,  company  or  com- 
panies in  lands  in  this  State,  shall,  after  reasonable  no- 
tice, refuse  or  fail  to  appoint  a  commissioner,  as  by  this 
act  provided,  the  Governor  of  tlie  State  shall  appoint  a 
commissioner  to  act  for  the  company  so  faihng  or  refus- 
ing, whose  acts  shall  be  as  binding  on  all  "parties  con- 
cerned as  though  he  was  appointed  by  the  company  he 
represents.  No  commissioner  shall  have  any  autliority 
or  participation  in  the  location,  partition,  or  allotments 
of  land  beyond  the  limits  within  which  the  company  ho 
represents  is  interested.  And  in  event  of  any  disagree- 
ment between  the  commissioners,  they  shall  choose  an 
umpire,  whose  decision  shall  be  final. 

Sec.  4.  Be  it  further  enacted,  That  ail  locations,  par- 
titions and  allotments,  made  under  the  provisions  of  this 
act,  shall  be  certified  to  under  oaUi  by  the  commission- 
ers making  the  same,  and  returne^to  the  Commissioner 
of  Public  Lands,  who  shall  cause  the  same  to  be  entered 
upon  the  maps  and  books  of  bis  office,  and  shall  give  to 
the  companies  all  necessary  certificates  of  the  same,  and 
shall  issue  a  patent  or  patents,  as  may  bo  desired,  to  the 
company  entitled. 

Sec.  5.  Be  it  furtlwr  enacted^  That  each  compatiy  shall 
pay  its  own  commissioner,  and  in  case  an  umpire  is  call- 
ed in  he  shall  be  paid  by  the  companies  interested. 

Approved  December  5,  1863.      Mlin/iJr.u.). 


No.  127.] 


AN  ACT 


To  require  Railroad  Companies  to  keep  lights  and  water 
in  their  trains. 

Section  1.  Be  it  enacted  by  the  SeMtic  and  House  of  Bep- 


107  186a. 

resentatives  of  the.  State  of  Alabama  in  General  Assembly 
convened,  That  from  and   aitor  the  passage  of  this  act,  ^'>'«'' •c'^^p  lishi* 
all  Railroad  Companies  in  this  State  shall  be  required  to 
keep  good  lights  on   their  night  trains  and  a  sufficiency 
of  good  drinking  water  at  all  times  ;  and  every  conduc-^^^^^^^^^^  ^.^^^i^ 
tor  on   any   train  who   shall   violate   this   act,   shall  be  "^'^ 
deemed  guilty  of  a   misdemeanor,   and   upon  conviction 
shall  bo  lined  not  less  than  one  hundred   and  not  more  I'onnuy. 
than  live  hundred  dollars,  at  the  discretion  of  the  jury 
trying  the  case. 
'  Approved  December  8,  18G3. 


No.  128.]  AN  ACT 

To  repeal  an  act  entitled  "an  act  to  direct  the  binmug 
of  certain  copies  of  the  Acts  of  the  General  Assem- 
bly," approved  February  15th,  1854. 

Section  1.  Be  it  enarJed  bij  the  Senate  and  House  of  Hep- 
resentativcs  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  "ftu  act  to  direct  the  binding  of  certain  ^*^^  ""''*'*''''' 
copies  of  the  Acts  of  the  General  Assembly,"  approved 
February  loth,  1354,  be  and  the  same  is  hereby  repealed. 

Approved  December  8,1863. 


No.  129.]  AN  ACT 

To  compensate  the  Dobrfeecp^fs  for  money  paid  out  and 
for  other  purposes. 

Section  1 .  Be  if  enaciM  by  the  Senate  and  House  of  Ee}>- 
reseMafivcft  of  the  Stoic  of  Alal)ama  in  General  Assevdily 
convened.  That  the  sum  'of  eighteen  dollars  be  (ind  theTowui.sm  x.- 
same  is  liercby    appropriated   out   of  anv  money  in  the^"°««*»- 
Treasury  not  otherwise  appropriated,  to  William  McCul- 
lough,  Doorkeeper  of  the  Scnato   at  the  present  nofision. 

Sec.  2.  Be  til  furfhcr  eroHed,  That  the  stun  of  ten 
dollars  each  be  and  the  same  is  hereby  «ppro]iriatcd  to  To  door  kt^wt. 
the  Doorkeepers  of  the  Senate  and  Houj^e  of  Represen- 
tatives for  collecting  the  StAtionery,  Inkstands,  <fec.,  from 
the  rooms  of  the  members  and  deliverj^  of  the  ^me  t() 
the  Secretary  of  State. 

Approred  December  8, 1863. 


M»y  i.irr..! 


1863.  108 

No.  130.]  AN  ACT 

For  the  rejief  of  guardianB  and  to  secure  tho  estateB  of 
their  wards.    . 

'  SiBCTiON  1.  Bf  itniacted  by  the  Senate  and  Home  of  Rep- ' 
reseniativeJi  of  thr  State  of  Ahihama  in  Genend  Asaemhly 

'" "     convened,  That   guardiuuB   of  minors    and    porsons    non 

coivipoK  moiilis,  mav  iiiveKt  the  monoy  of  their  wards  in 
real  estate  situated  in  any  part  of  tlie  ^tat.(>- ;  and  (ho 
guarchanp  acting  in  good  faith  phall  not  he  individnally 
responsible  for  a  depreciation  in  vahie  of  the  land  pur- 
chased with  the  funds  of  his  ward  where  8uch  deprecia- 
tion may  resnlt  from  caiusoH  which  cannot  he  prevented 
bj  the  guardian.  »"    ' 

.    Sfx'.  2.  Be  it  further  unacted,  That  the  rea!  estate  pur- 

■""w'nnli'''''^  chased  by  the  guardian  with  the  funds  of  his  ward,  shall 
be  conveyed  to  the  ward  and  bin  heirK,  but  shall -be 
managed  and  controlled  by  the  guardian  for  the  benefit 
pi  tho  ward,  ftnd  the  guardian  shall  rcnvler  animal  ac- 
counts of  the  rents  and  profits  of  the  lands  to  tlve.court' 
having  jiirisdiction  of  Ihe  guardianship.  .  V,."''"  *  "'\ 
Sec.  ii.  Be  it  further  enaeted,  That  the  guardian  shall 

r^nd^A  huit*.  ^''  lis'^^lf'^  1^  fl'*^  ward  for  any  lots  sustained  by  the  ward 
b}'  the  failure  or  defect  of  title  to  the  land  pnrcha«ed  t»y 
the  guardian  for  the  Avard. 
Approved  December  7, 1863. 


No.  131.]  AN  ACT 

To  amend  "  An  Act  to  provide  for  the  election  of  State 
Printer,"  approved  February  8th,  1858. 

Section  1.  Be  it  enacted  by  the  Senate  and  Hpnse  of  Rep- 
ort nf  1858  resentativcs  of  the  State  of  Alabama  in  General  Assembly 
.mend.-d.  convciied,  That  the  act  entitled  **  An  Act  to  provide  for 

the  election  of  State  Printer,"  approved   February  8th, 
1858,  be  amended  by  striking  out  the  second  section  of 
said  act,  and  inserting  in  lieu  thereof,  "  that  the  General 
wben  printer  lo  Assembly  shall,  within  three  days  after  its  commence- 
oitcttd.         ment  or  any  time  thereafter  during  its  regular  session, 

every  two  A'^ears,  elect  a  State  Printer  to  gprve  for  two 

^        '  »>  ■  ■  ■ 

years. 

Approved  Noveniber  25, 1863, 


109  1863. 

No.  132.]  AN  AOT  ,     '  "^ 

In  relation  tothe  Alabama  State  Truct  Books. 

Section  1 .  Be  it  evacted  hy  the  Scvntc  awl  Hoii.s^  hf  Bcp- 
rrscntativrfi  i>f  thr  Slate  a/  Alahariui   in  General  yissemhhfrratu  un^^iK 
eonceTjeJ^  That  tlio  books  known  ;is  ilic  AYil>Mnin  "St^tt- Iv!*^tmK»'.m'-r\.i 
Tract    Rookf*,-'  toHTtlun-   wiil)   all   tlio   jinprrs  bolontriD.c: '"»''"' '*'^'» 
lliereto  anrl   connecte*!   ilioruwith,  \io\v   in   the  offico  ^A^ 
the   Comptroller  of  Public    Acconnt!*,  bo  {ind  tli<'  sam<-^ 
f\ro,  Iioreby  tranj<ferrc<1  to  tbe  officio    f)f  iConnilisiiiioncr  of 
Pul»bc  liiinds  for  the  Slnlo  of  AlMbonv.V,  and  that  they  bo 
kojit  therein  :i8   ;i  port  f)f  tbo  records  piTtiiinini::  (o  said 
office.  '■  ^  '•■    •  ''    ', 

Sec.  2*.  Be  it  further  fiwettd,  That  it  plfJdl  b<*  the  A\i\y 
of  the  OonnniHsioner  of  Public    liand.-'  t(^  enter  in    siiid  ij.?i.iKiin|fi  i«i.p 
TraclK  .a  d<'seripfion  of  all  the    lands   sold    (and  not  nl- -"""•"" '■"''^ 
ready  BO  entered)  np  to  thfe  iiv^i  dfiV  of  Octobrir,  ISGI^, 
tvlid   thereafter  np   to  the  first  ol' October  tn  each' find 
every  yenr,  a^^   now    required   by  tlie'(5omptrolloT.'  'fl^J  ^ 
mnst  also  make  out  anti  furnish  each    Probate  .ftidpTc  by 
llio  lirst  day  of  .lanuary  in  crjch  year  thereafter,  a  rec^iK- RfRinior  f..r 
tcr  or  statemeid   shoNvin^'    all    tUe    land   so   s<»ld   in   fh^-''"'S'"^f  i'^"  *'"• 
county  of  .such  .lud^o  of  Probate  and  liot  embraced  ifl 
any  repcistor  or  tst^itoment  previously  furnishedi:  ''  I'K^ 

Sec.  3.  Be  it  further  enaeted,  That  the  Probate  Jud;jco« 
must  by  the  first  day  of  March  in  each  year,  transfer  ,[^1''J^rnip'ir!^W 
such  entries  into  the  Tract  Book  in  their  respective  offi- to  a»s«8«'-- 
CCS  and  furnish  «:o[)ies  thereof  to  the  Tax  Assessors  of 
their  respective  counties,  who  must  see  that  each  tract 
is  properly  assessed,  unless  exempt  by  law  from  taxa- 
tion. 

Sec.  4.  Be  it  further  enacted,  That  for  makinp;  6ut  the 
repsters  or  statements  for  the  different  C(jnnties,  the  p^^  f^,^  ^^p,,^ 
Commissioner  of  Public  Lands  is  anthori/ed  to  employ 
»  person  at  not  excerdinp;  thirty  cents  a  pap:e  for  each 
paji^e  of  orib'narv  foolscap  paper,  to  be  paid  by  the  war- 
rant of  the  Comptroller  on  the  State  Treasurer,  in  favor 
of  the  person  so  employed,  upon  the  certificate'  of  said 
Commissioner  of  Public  Lands,  stating  that  the  services 
hnve  been  correctly  ]»erformcd  according  to  contract, 
and  specifTing- the  amount  due  tbi>refor. 

Sec.  ^^.  Be  it  further  enaded,  That  sections  434,  435,  •*.uoni  of  cudo 
436,  437,  438  and  439  of  the  podo  be  a|id  the  same  ate  "^p^'*^' 
hereby  repealed.  '  ' '" 

Approved  December  4,  1863, 


1863. 


IID 


No.  133.] 


AN  ACT 


To  amend  the  law  in  relation  to  the  printing  and  publi- 
cation of  the  Reports  of  the  .decisions  of  the  Supreme 


Court. 


V.)A. 


.Ta<i|CM  nutr 
tr«ci  at  (litrr* 
♦Ion. 


Mn.T  ii«](«l  c»BM, 


Proviso, 


Section  1.  Be  it  enacted  by  the  Senate  and  Mouse  of  Hep- 
resentatives  of  the  State  of  Alabama  in  General  Assembly 
^on  convened,  That  tlie  Judges  of  the  Supreme  Court,  or  a 
majority  of  them,  be,  and  they  are  hereby  authorized  to 
contract  for  the  printing  and  publication  of  the  Reports 
of  the  decisions  of  said  Court,  on  such  terms,  and  in 
such  manner  as,  in  their  discretion,  they  may  deem  most 
expedient  and  most  conducive  to  the  public  interest,  and 
to  draw  their  warrant  on  the  Comptroller  of  Public  Ac- 
counts, in  favor  of  the  person  or  persons  with  whom 
such  contract  or  contracts  may  be  made,  for  the  amount 
of  compensation  fixed  and  agreed  on  in  such  contract. 

Sec.  2.  Be  it  further  enacted,  That  the  said  Judges  be, 
and  they  are  hereby  also  authorized  to  select  the  cases 
for  publication,  and  to  determine  the  order  in  which  they 
shall  be  published  ;  Provided,  that  all  opinions  not  pub- 
lished shall  be  preserved  and  published  after  the  termi- 
nation of  the  present  war. 

Approved  November  27,  1863. 


No.  134.] 


AN  ACT 


lQip<y;U)rB  and 
Warden  inay 
routract  for 
waUr. 


C«7erBor  lo  ap- 

pr«T». 


To  provide  water  for  the  State  Penitentiary. 

Section  1.  Be  it  enacted  by  the  Senate  and  Home  of  Bcp- 
rescntative^s  of  the  State  of  Alabama  in  Gcnercd  Assembly 
convened,  That  the  Inspectors  and  Warden  of  the  Peni^ 
tontiary  be  and  they  are  hereby  authorized  to  make  such 
arrangements  or  contracts  as  may  be  by  them  deemed 
necessary  to  supply  the  State  Penitentiary  with  a  per- 
manent supply  of  good  and  wholesome  water  for, the 
prisoners  and  works  therein.  . ,,  ,j  ,  , 

Sec.  2.  Be  it  further  enacted.  That  any  contract'  en-' 
tered  into  by  them  for  this  purpose  shall  be  first  sub- 
mitted to  the  Governor  for  his  approval,  and  witjiput 
such  approval  shall  be  null  and  void, 

Approved  December  3,  18§3. 


Ill  1863. 

No.  185.]  AN  ACT  *  [ 

To  ratify  and   confirm  the  ugrcement  of  tiie  Governor 
of  Alabama  in  manufacturing  cotton  and  wool  cards. 

Section  1.  Be  it  enacted  by  tJie  Senate  and  House  of  Rep- 
resentatives of  the  State  of  AlalKima  in  General  Assembly 
convened,  That  the  agreement  entered  into  by  John  GilK*"*f»*"  f»tia.j 
Shorter,  Governor  of  the  State  of  Alabama,  on  the  one 
part,  and  James  M.  Keep  on  the  other  part,  on  the  18th 
day  of  March,  1863,  in  relation  to  the  manufacturing  of 
cotton  and  wool  cards,  be  and  the  same  is  hereby  rati- 
iied  and  confirmed. 

Sec.  2.  Be  it  furtJier  enacted,  That  tho  Comptroller  bo 
and  ho  is  hereby  authorized  to  draw  his  w^arrant  in  favor  Aj»propri»t»o«. 
of  the  Governor  of  the  State  of  Alabama  for  the  sum 
of  twenty-five  ($25,000)  thousand  dollars  out  of  any 
money  in  tho  treasury  not  otherwise  appropriated,  for 
the  purpose  of  carrying  out  said  contract. 

Approved  December  5,  1863. 


No.  136.]  AN  ACT 

Making  an  appropriation  for  pay  of  raembors  and  pffi- 
cerij  of  the  General  Assembly. 

SECTION  1.  Be  it  enacted  by  the  Senate  and  House  of  Ben- 
rescntaiives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  tho  sum  of  seventy-five  thousand  dollars  '''*'**'" 
or  so  much   thereof  as   may   bo    necessary,  be  and  the    . 
same  is  hereby  appropriated  for   pay  of  members  and 
officers  of  the  present  General  Assembly. 

Approved  November  25,  1863. 


No.  137.]  AN  ACT 

To  pay  for  tho  hire  of  servants  for  the  present  session 
of  the  General  Assembly. 

Sectjon  1.  Be  it  enacted  by  the  Senate  and  Home  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 


1863. 


11% 


|260  «pi>ropri*- 
t«(l  for  liiro. 


convened,  That  tlie  sum  !of  two  hundred  and  fifty  dollars 
bo  and  the  sarao  is  appropriated  to  pay  for  servant  hire 
for  the  present  session  of  the  General  Assembly,  and 
that  the  Comptroller  of  Public  Accouuts  is  hereby  au- 
thorized and  required  to  draw  his  warrant  on  the  State 
Treasurer  in  favor  of  the  Secret-tvry  of  State  for  that 
sum-,  or  ^!0  mucli  thereof  as  may  bo  necessary  for  the 
purpose  stated,  to  be  paid  out  of  any  money  in  th»  Treu- 
sury  not  otherwise  appropriated.       -  ■)%_ 

Approved  December  4,  186;{.  ^,-y^ 

■Jf 

.if 


Appropi-latuD 
$10011. 


No.  138.]  AN  ACT 

To  provide  for  repairs  on  the  State  Capitol. 


Section  1.  Be  it  enacted  hi  the  Senate  and  House  of  Bep- 
resentativea  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  whereas  the  roof  of  the  Capitol  is  in  a 
leaking  condition  and  in  want  of  immediate  repairs  ; 
that  the  sum  of  one  thousand  dollars  be  and  the  same  is 
hereby  appropriated  for  repairs  on  the  State  Capitol. 

Approved  Noveip.ber  25,  1863, 

•■•■•--    -^  ''^  ,ivAi  .:•■ 


i)>pi'wpi  MW.i 
$5(10. 


No.  139.] 


AN  ACT 


To  pay' the  expenses  of  the  Inauguration  of  His  Excel- 
lency Thomas  H. 'Watts^ 

.  , (.k>.''>, ,-:-,- 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Eep- 
rescniatives  of  the  State  of  Alabama  in  General  Assembhj 
convened,  That  the  sum  of  five  hundred  dollars,  be  and 
the  same  is  hereby  appropriated  to  pay  the  expenses  of 
the  inauguration  of  his  Excellency  Thomas  TJ.  Watts, 
nnd  that  the  Comptroller  draw  his  warrant  on  the  Trea- 
surer for  tliat  amount  in  favor  of  W.  H.  Ogl>ourne,  to  be 
paid  out  of  any  funds  in  the  Treasury  not  otherwise  ap- 
propriated. •  ''  V -^M  v,*  ^'■- ■' i'. '  Vj  :'.V  ,f  v*'••-^'n-• 
v^''A'pproVed  December  T,'1863.  •*ji-)\'i-8iVi;\i » 


118     ,  ••  .  ..    ,: ,      V  ."^isea. 


No.  140.]  AN  ACT 

To  compensate  A.  B.  Clitherall  as  Ordnance  officer. 

Section  1.  Beit  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  said  Clitherall  is  hereby  entitled  to  ^erX'"'*^  ^°'' 
demand  and  receive  pay  for  his  said  services  at  the  rate 
of  two  thousand  dollars  per  annum  from  the  date  of  his 
said  appointment  until  an  officer  appointed  for  that  pur- 
pose shall  take  charge  of  said  appointment;  and  that 
the  Comptroller  draw  his  warrant  on  the  Treasurer  ii^ 
favor  of  said  Clitherall  for  the  sum  so  found  to  be  due 
under  this  act,  to  be  paid  out  of  any  moneys  in  the  Trea^ 
sury  not  otherwise  appropriated.  ' 

Approved  December  8,  1863. 


No.  141.]  AN  ACT 

For  the  benefit  of  the  Military  Aid  Society  of  Mobile, 
and  for  other  Societies  therein  named.     ,  ■  ,,r:s.lS 

Srttton  1.  Re  it  enacted,  by  the  Senate  and  Honse  ofBrp- 
resentativcs  of  the  State  of  Al(d>ama  in  General  Assembly 
convened,  T]\a.t  the  sum  often  thousand  dollars,  or  so  ^,''!  ^^'''^y '^ 
much  tlicreot  as  may  be  necessary,  be  and  the  same  is 
hereby  appropriated  and  placed  at  the  disposal  of  the 
Governor  of  this  State  for  the  benefit  of  the  Military 
Aid  Society  of  Mobile,  to  be  paid  over,  from  time  to 
time,  to  such  officer  or  agent  of  said  Society  as  may  be 
authorized  to  receive  it,  to  be  expended  as  said  Society 
may  deem  best  for  the  relief  of  the  sick  and  wounded 
soldiers  in  Mobile. 

Sec.  2.  Be  it  fnrther  enacted.  That  the  sum  of  ten 
thousand  dollars  V»e  and  the  nzme  is  hereby  appropriated  h°'"*^'',T, 
for  tiie  benefit  of  tiie  Soldiers'  Home  Society,  and  Sol- 
diers' Wayside  Home,  in  the  city  of  Montgomery  ;  said 
sum  to  be  equall}-  divided  l)ctvveen  said  Societies,  and 
the  same  be  placed  under  the  control  of  the  (rovernor, 
to  be  paid  over  from  time  to  time  to  such  officer  or  offi- 
cers, agent  or  agents  of  said  Societies,  as  may  be  author- 
ized to  receive  it,  and  to  be  expended  for  the  relief  of  tiie 
sick  and  wounded  soldiers  in  the  city  of  Mont  gome  i^y ; 
and  the  sum  of  ten  thousand  dollars  is  also  appropriated, 
15 


SocletlM. 


1863. 


114 


Selnut  Aid  and 
Hogpit&I. 


Humttue  Scxslstjr 
UuiitsrlUs. 


How  drawn. 


to  be  equally  dirided  between  the  Ladies'  Military  Aid 
Society  and  the  Wayside  hospital  of  Selma,  under  th^ 
same  regulations  as  hereinbefore  provided. 

§EC.  3.  Be  it  further  enacted,  That  the  sum  of  five 
thousand  dollars,  or  so  much  thereof  as  may  be  neces- 
sary, be  and  the  same  is  hereby  appropriated  for  the 
benefit  of  the  Ladies'  Humane  Society  in  the  city  of 
tii\-'*xi(  %-0*,'  Huntsville,  and  that  the  same  be  placed  under  the  cou- 
"'•' '  trol  of ,  the  Governor,  to  be  paid  oyer,  from  time  to  time, 
to  such  officer  or  agent  of  said  Society  as  may  be  au- 
thorized to  receive  it,  to  be  expended  for  the  relief  of 
the  sick  and  wounded  soldiers  in  Huntsville. 

Sec.  4.  Be  it  further  enacted,  That  the  Governor  is 
hereby  authorized  to  draw  his  warrant  on  the  Auditor 
of  the  Treasury  for  all  or  any  portion  of  the  money  apr 
propriated  by  this  act,  to  be  paid  as  directed  by  clause 
3,  section  3,  of  an  act  entitled  "  An  Act  making  appro- 
priations for  the  military  defence  of  the  State,"  appro- 
ved 6th  February,  1861  ;  and  the  Governor  shall  cause 
a  statement  or  statements  to  be  submitted  to  the  next 
General  Assembly  of  the  amount  and  manner  of  expends 
iture,  and  shall  require  vouchers  to  be  taken  for  all  ex- 
penditures, when  practicable  :  ProtnrfecZ,  the  Governor 
shall  have  the  right  to  appoint  a  resident  agent  or  visit- 
Governornmrap- or,  if  hc  thinks  propcr,  on  behalf  of  the  State  for.  each 
of  said  institutions,  whose  duty:  it  shall  be  to  aid  ift Ap- 
plying the  funds  hereby  appropriated-,  in  a  manner  best 
calculated  to  carry  out  the  objects  of  the  several  Socie- 
ties :  said  visitor  must  report  to  the  Governor  at  fiucto 
times  as  the  Governor  shall  direct.  .   .' 

Approved  December  8, 1863. 


Stxtctnent  and 
Touchers  for  ex 
V«nditure«..     . 


puiul  a^ent 


No.  142.] 


AN  ACT 


To  amend  "  An  Act  in  relation  to  the  support  of  indigent 
families  of  soldiers,"  approved  August  29th,  1863. 

;  .Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  Beprt 
resentatives  of  the  State  of  Alabama  in  General  Assembly. 
Fund  for  M^r-^^^  couvened,  That  sixteen  thousand  seven  hundred  and  thir- 
ty-seven dollars  and  sixty-six  cents,  due  the  county  of 
Marshall  for  the  November  and  December  installments 
under  said  act,  is  hereby  appropriated  out  of  the  Trea- 
sii^y^and  the  Com|^iypUQf,i^.hQr§bj,,jreQU«:ed.i'Qitiiwith. 
'  .*! ,.'.  <j,i ..  ,  ilj;.  '^^:  ffuJ-fol*  h^w.^wn^i  ii'Jl  %">  -iiu/iii'jiiil  ba/> 


shall  coun 
drawn 


^'115/.  .  -,,      ^      1863.1 

to  draw  his  warrant  for  the  same  on  the  Treasurer  in  ' 
favor  of  tho  Judge  of  Probate  for  Marshall  county,  td 
be  distributed  by  said  Jud,c;o  as  said  act  No.  5  directs. 
Approved  November  14, 1863. 


No.  143.]  AN  ACT 

To  amend  "  An  Act  in  relation  to  the  support  of  indigent 
families  of  soldiers,"  approved  August  29th,  1863. 

Section  1.  Be  it  enacted  by  the  Senate  and  Honse  of  Bep- 
rcsentntives  of  the  Statf  of  Alabama  in  General  Assembly 
convened,  That  fourteen  thousand  nine  hundred  and  fifty-  Fund  ror  ?t.  onir 
eight  dollars  and  thirty  cents,  due  the  county  of  St.  Clair,  *"""^''"'- 
for  the  November  and  Dec^nlber  installments  under  this 
act,  is  hereby  appropriated  out  of  the  Treasury,  and  the 
Comptroller  is  hereby  recjnired  forthwith  to  draw  his 
warrant  for  the  same  on  the  Treasurer  in  favor  of  the 
Judge  of  Probate  for  St.  Clair  county,  to  be  distributed 
by  said  Judge  as  said  act  No.  5  dirc^rts. 

Approved  November  19, 1863.  ' 


No:  144.]  AN  ACT 

To  amend  "  An  Act  in  relation  to  tho  support  of  indigent 
families  of  soldiers,"  approved  August  29th,  1863.    '»" 

SEnrroN'  1 .  Be  if  enarf/vl  hy  the  Senate  and  Hortfte  of  Be.p- 
r  f'  the  St"'  'ithamn  in  General  Assembly 

'■  ;it  the  Hill  von  thousand  nine  hundred  jvidjte  of  IV KM»» 

and  tifty-foTir  dollars  and  seventy-one  cents, due  the  county'"*^ '*'■*''• 
of  iJeKalb  for  the  November  and  December  installments, 
iftider  P.iid  act,  is  hereby  appropriated  out  of  the  Trea- 
sury, and  the   CoTOptroller  is  hereby  required  forthwith 
to  draw  his  warrant   for  the  same  on  the  Trea*!urer  in  • 

favor  of  tho  .Tndge  of  Probate  for  DeKalb  county  to  be 
dtBtributed  by  said  Judge  as  said  act  now  direct*!. 

Sec.  2.  T>  it  further  eiw/fed.  Tliat  the  Comptroller  of 
th(»  State  be  authorized  to  draw  his  warrant  upon  iho. 
Treasurer  for  the  amount  allowed  by  said  act.  payable 
to  O.  W.  Maloiie,  for  the  purpose  indicated  by  said  act. 

Approved  November  25,  1863. 


1863.  116 

""no.  145.]  AN  ACT 

To  amend     An  Act  in  relation  to  tlie  support  of  indigent 
families  of  soldiers,"  approved  August  29tli,  1863. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resenfatives  of  the  State  of  Alabama  in  General  Assembly 
coimi ^"how''''"" ^^"^^^^c?)  That  the  sum  of  twentj'  thousand,  seven  hun- 
drawA  dred  and  twenty-three  dollars  and  five  cents,  due  the 

county  of  Jackson  for  the  October,  November  and  De- 
cember installments  under  said  act,  is  hereby  appropria- 
ted out  of  any  money  in  the  treasury  ;  and  the  Comptrol- 
ler is  hereby  required  to  draw  his  w^arrant  for  the  same 
on  the  Treasurer  in  favor  of  P.  Rice  and  William  li.  Ro- 
binson, or  either  of  them,  for  the  Probate  Judge  of  said 
county,  to  be  distributed  by  said  Probate  Judge  as  the 
said  act  directs. 

Approved  November  27,  1863. 


No.  146.]  AN  ACT 

To  amend. the  "  Act  in  relation  to  the  support  of  indigent 
families  of  soldiers,  &c.,"  approved  the  29th  of  Au- 
gust, 1863. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
FmA  tor  Mti<\\f^Gn  resentatives  of  the  State  of  Alabama  in  General  Assembly 
howurftwn.  conventd,  That  the  sum  of  nine  thousand  nine  hundred 
and  three  dollars  and  sixty-five  cents,  due  the  county  of 
Madison  for  the  November  and  December  installments 
under  said  act,  is  hereby  appropriated  out  of  any  money 
in  the  Treasury,  and  the  Comptroller  is  hereby  requir- 
ed to  draw  his  warrant  on  the  State  Treasurer  therefor, 
in  favor  of  F.  L.  Hammond,  Joseph  C.  Bradley,  and  J. 
W.  Scruggs,  or  either  of  them,  for  the  Judge  of  Probate 
of  said  county,  to  be  by  him  distributed  as  directed  bj 
the  said  act,  to  which  this  is  an  amendment. 
F-rndfor^Fajetic.  gj,^^  2.  Bc  it  further  enacted,  That  the  sum  of  sixteen 
thousand,  six  hundred  and  twenty  dollars  and  forty-three 
cents,  due  the  county  of  Fayette  for  the  November  and . 
December  in.-^talhnents  under  said  act,  is  also  appropria- 
ted from  any  money  in  the  Treasury,  and  the  Comptrol* 
ler.will  draw  his  warrant  on  the  State  Treasurer  there- 
for, in  favor  of  Alexander  Cobb,  for  the  Probate  Judge 


117  1863. 

of  said  county,  to  be  by  him  distributed  as  directed  by 
the  Baid  act  of  August  29,  1863. 

Sec.  3.  Be  it  further  enacted,  That  the  sum  of  fifteen 
thousand,  one  hundred  and  thirty-five  dollars  and  twenty- 
five  cents,  due  the  county  of  Morgan  for  the  October, '■"'""if"' >'"»•«'«"• 
November,  and  December  installments  under  said  act,  is 
also  appropriated  from  any  money  in  the  Treasury,  and 
the  Comptroller  will  draw  his  w'arrant  on  the  State  Trea- 
surer therefor,  in  favor  of  George  P.  Charlton,  for  the 
Probate  Judge  of  said  county,  to  be  by  him  distrib\ited 
as  directed  by  the  said  act  of  August  21),  1863. 

Sec.  4.  Be  it  further  enacted,  That  the  sum  of  twenty- 
seven  thousand,  nine  hundred  and  forty-lour  dollars  and 
ninety  cents,  due  the  county  of  Franklin  for  the  August, 'f""*"''""'^'"''*"" 
October,  November,  and  December  installments,  under 
the  acta  of  November  12, 1862,  and  29th  of  August,  1863, 
is  also  appropriated  .from  any  money  in .  the  Treasury, 
and  the  Comptroller  is  required  to  draw  his  warrant  on 
the  Stat«  Treasurer  therefor,  in  favor  of  Anderson  Orr 
and  A.  W.  Ligon,  or  either  of  them,  for  the  Probate 
Judge  of  said  county,  to  be  by  him  distributed  as  di- 
rected by  the  said  acts  of  12th  November,  1862,  and  29th 
August, '1863. 

Sec.  5.  Be  it  further  enacted,  That  the  sum  of  ten 
thousand,  three  hundred  and  seventy  dollars  and  forty- 
five  cents,  due  the  county  of  Limestone  for  the  October,  mnd  for  Limo, 
November  and  December  installments  under  said  act,  is  •***'• 
also  appropriated  from  any  money  in  the  Treasury,  and 
the  Comptroller  will  draw  his  warrant  on  the  State 
Treasurer  therefor,  in  favor  of  John  B.  McClelaijd  and 
J.  W.  S.Donnell,  for  the  Probate  Judge  of  said  county, 
to  be  bv  him  distributed  as  directed  by  said  act  of  Avt^ 
gust  29th,  1868. 

Approved  December  3,  1863, 


No.  147.]  AN  ACT 

To  authorize  M.  L.  Davis  and  D.  W.  HoUis  to  draw  cer* 
tain  funds  for  the  relief  of  indigent  families  of  sob 
diers  in  Marion  county,  and  for  other  purposes. 

Section  1.  Be  it  enacted  hy  the  Senate  and  Houst  of  Ben- 
resrntatives  of  the  State  of  Alalpama  in  General  Assembly 
convened,  That  the  Comptroller  be,  and  he  is  hereby  au- 


•ru 

1863.  118 

— ^— ^— _  V'j  i>v/J'j:n)i>  >7v  l)i)lii.ur.\  ■>'  ■.  .1  :.•: 

Fund  for  Marion  t"0ri55ecl  to  draw  Ws  Warrant  on  the  Tfeasnrer  in  favor 

county  how       of  M.  L.  Davis  and  D.  W.  Hollis,  or  either  of  them,  for 

'"™'  the  amount  to  which  the  county  of  Marion  ip  entitled  ais 

"•-'■*"**'.'*  *^"  her  distributive  share  of  the  appropriation  for  the  sup- 

port  of  indigent  famihcR  of  soldiers  for  November  and 

December,  1863  ;  and  that  F.  W.  Sykee  and  J.  S.  Clarke, 

or  either  of  them,  are  in  like  manner  authorized  to  draw 

Fund  for  ij^w-     f]^Q  share  of  Lawi-ence  county  in  said  fund  for  Novepaber 

r»neo  how  drawn         ,  ,  ioeo 

and  December,  1863. 
Approved  December  7,  1863. 

7.} J'   .       ■■ 

No  148..]  AN  ACT 

Fdt'  the '  relief  of  indigent  families  of  soldiers  in  Bald- 
,  ■.  win  county. 

Section  1.  Be  it  enact>'d  hy  the  Senate  and  House  of  Hep* 

resentatives  of  the  State  of  AUihama  in  General  Assembly 

County  commis-  corvbencd,  That  the  €ourt  of  County  Commissioners  of 

Bioners  may  ap-    ,_..'  ■'    ^         ^.  ,      ^    , 

propriato fines     jKaldwm  county  00,  and  tliey  are  horcby  directed  to  ap- 

andforfeituroB.    prop^iatG  to  the  use  o'f  indigent  families' of  soldiers,  four 

thousand  dollars  of  the  fine  and  /orfeiture  fund  now  in' 

■ji.i-i  1.A  hm/ithe  treasury  of  said  county.  ' 

■•'"»^'    Approved  November  19, 1863. 


No.  140. 1  AN  ACT 

For  the  relief  of  indigent^  families  of  RbldicrB  in  tho 
county*  ^  of  MacotJ. 

■  Section  1.  Be  it  enacted  hyfhe  Senate  and  House  of  Rep- 
commiiMsioMr*  reseutativcs  of  the  State  of  Alabama  in  General  Assembly 
kind  '*''  *"'* '"  convened^  That  tho  Commis5<ioners'  Court  for  the  county 
qf  Macon  bo,  and  arc  hereby  authorized,  if  in  their  judg- 
ment they  deem  it  expedient,  to  l6vy  a  tax  in  kind  ori 
the  producers  of  said  county,  upon  the  following  articles, 
to-wit :  corn,  meat  and  potatoes  ;  which  tax  shall  not  ex- 
ceed one-twentieth  of  the  articles  mentioned,  and  which 
tax  In  kmd  shall  be  collected  for  the  iise  and  benefit  of 
the  families  of  indigent  soldiers  in  said  county. 

Seq.  2..  Be  it  further  enacled^  That  said  'Commissioners' 
Court  be,  and  they  are  hereby  authorized  to  appoint  a 


119  1863. 

special  commissioner  for  the  families  of  indigent  soldiers,  ,  ,. 
in  said  county,  who  ghall  receivo  lor  ins  services  such  »i'«er  apiwnud. 
compensation  as  said  court  shall  determine,  and  shall  be  *^*"  '""'*"^'' 
ronuoved  at  the  discretion  of  said  court  ;  and  the  said 
special  commissioner  shall  receive  from  the  Probate 
Judge  of  said  county  all  money  paid  over  to  said  judge 
by  the  Com]>troller  of  Public  Accounts,  and  receipt  for 
the  same,  and  shall  approjiriate  the  same  to  the  support 
of  said  indigent  families,  under  such  rules  and  restric- 
tions tis  said  Commissioners'  Court  shall  prescribe  ;  and 
in  the  event  of  a  levy  of  a  tax  in  kind,  the  said  special 
commissioner  shall  be  charged  with  the  duty  ot  collect* 
ing  said  tax  and  of  dis})ursing  the  samo,  under  the  direc- 
tion of  said  court  ;  ami  he  shall  furnish  the  tax  payer 
with  a  receipt  of  the  Wticles  delivered,  iin<l  shall  return 
his  list  of  tax  in  kind  to  said  Conmiissioncrs'  Oxuirt,  un- 
der oath,  for  public  inspection,  and  subject  to  pudi  other 
regulations  as  said  court  shall  prescribe. 

Sec.  3.  Be  it  further  enuded,  That  before  entering  up- 
on the  duties  of  his  office,  said  special  commissioner  shall  p^^^^^igy^^ty 
take  an  oath  to  faithfully  and  impartially  discharge  the  8i»«»»o"'i- 
duties  herein  imposed,  and  to  distribute  any  money  or 
provi.sions,  placed  under  his  control  by  the  provisions  of 
this  act,  with  due  regard  to  economy  and  the  wants  of 
each  family,  and  shall  enter  into  bond  with  good  and  suf- 
ficient security,  approved  by  said  Commissioners'  Courilf, 
for  the  faithful  performance  of  his  duties  as  said  special 
commissioner.:',  m     j  ,,     i  :;     '/»,:,•"    ••    :      >     •<';   i 

Sec.  4.  Be  it  fur fhr  enacted,  That  if  said  special  com- 
missioner, or  anv  aerent  emnlovcd  in  carrying  out  the  „    „  , 

•    •  !•     I  •'  1117  (-  '  1         r-        1  rsnalljr  lur  mii- 

provisions  01  this  act,  shall  apply  any  ot  the  funds  or  fippiyinr  funds. 
articles  which  may  come  into  his  hands  to  hi^  own  use, 
he  shall  be  guilty  of  embezzlement  and  liable  to  indict- 
ment therefor,  and  on  conviction  shall  be  punished  a«  if 
he  had  f»jloniously  stolen  such  funds  or  artiolrs.    '  '•"• 

Sec.  5.  Beit  further  enacted,  That  in  the  event  ofnt 
levy  and  colh  ction  of  a  tax  in  kind,  the  said  special  com- 
iQissionor  shall  appraise  the  value  of  said  articles,  anrl  in  i,rr"*wt"' 
the  event  the  said  special  commiaaioner  cannot  agree  as 
to  the  value,  each  may  call  in  a  disinterested  party,  and 
if  they  cannot  agree  u  third  party  may  be  calfod  in,  and 
they  shall  determine  th"  valnc  :  and  either  parly  shall 
have  the  right  of  appeal  m  th»»  Commissioners  Court  for 
said  county,  which  apoi.iis  ■'^  .li.vll  first  take  an  oath, 
which  may  bo  adminibtered  b>  said  special  Qommissioner, 
to  faithfully  and  impartially  value  Biiid  articles  ;  and  laid 


1863. 


'■•ir 

120 

tax  payer  shall  be  entitled  to  a  credit  on  his  or  her  coun- 
ty taxes  to  the  amount  of  the  value  of  the  articles  re- 
ceived and  collected  of  said  tax  in  kind,  and  upon  the 
prodviction  of  the  receipt  of  said  special  commissioner, 
the  tax  collector  for  said  county  shall  discharge  said  tax 
payer's  county  taxes  to  the  extent  of  the  value  of  the 
articles  received  under  said  tax  in  kind  ;  and  in  the 
event  that  the  value  of  said  articles  shall  exceed  his 
count}'  tax,  the  said  tax  collector  shall  give  to  the  party 
a  receipt  or  certificate  specifying  the  amount  of  said  ex- 
cess, which  shall  be  allowed  as  a  credit  upon  the  county 
taxes  of  said  party  for  the  subsequent  year  or  years  un- 
til the  same  is  exhausted. 

Sec.  6.  Be  it  further  enacted,  That  the  said  Commis- 
court  to  prescribe  sioners'  Court  may  prescribe  such  rules  and  regulations 
as  they  deem  best  lor  the  benefit  of  said  special  commis- 
sioner, and  for  the  protection  of  the  tax  payers  of  said 
county  of  Macon. 

Approved  December  7,  1863. 


Eice8S  over  ttii 
bow  paid. 


No.  150.] 


AN  ACT 


Commissioners' 
Court  may  levy 
tax  iu  kiud. 


Property,  in- 
comes, kc. 


For  the  relief  of  Soldiers'  Families  in  Pike  County. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened.  That  in  addition  to  the  powers  and  authority 
now,  or  hereafter  conferred  by  law,  the  court  of  county 
commissioners  of  Pike  county  be,  and  is  hereby  author- 
ized to  levy  and  collect  a  tax  in  kind  upon  all  articles 
and  commodities,  and  a  tax  in  money  upon  all  property, 
professions,  trades  and  incomes  upon  which  the  Congress 
of  the  Confederate  States  has  authorized  a  tax  to  be  col- 
lected, for  the  exclusive  use  of  the  indigent  families  of 
soldiers  in  said  county,  and  to  do  and  perform  all  things 
necessary  for  the  collection  and  distribution  of  the  same, 
any  law  to  the  contrary  notwithstanding;  Provided,  thdii 
no  tax  in  kind  shall  be  collected  from. any  person  who 
does  not  produce  over  four  hundred  bushels  of  corn. 

Approved  December  4,  1863. 


121  1863. 

« 

No  151.]  AN  ACT 

To  consolidate  the  offices  of  County  Treasurer  and  Clerk 
of  the  Circuit  Court  in  Baldwin  county. 

'  Sectiox  1.  Be  it  enacted  hy  the  Senate  and  Houseof  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
vonveiu'd,  Tliat  from  and  after  the  passage  of  this  act,  ^^">"'  o^'i'^oiiJa 
tlio  offices  of  county  treasurer  and  clerk  of  the  circuit 
court  of  Baldwin,  be  and  the  sauic  arc  hereby  consoli- 
dated ;  and  the  duties  of  said  offices  may  hereafter  bo 
performed  by  the  same  person.  ' 

Approved  December  4, 1863. 


No.  ISl]  AN  ACT 

To  establish  a  Criminal  Court  for  the  county  of  Mont- 
gomery, with  civil  jurisdiction. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Bep- 
resentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  there  is  hereby  established  in  tlio  citv  of^,.  „    .    .  . 

-mr        .  .     f       .  •'  -  ,  'ii      1  City  Cnurt  enlab 

Montgomery,  an  nitorior  or  court  of  record,  to  be  called  i«i'od. 
the  city  court  of  Montgomery,  to  consist  of  one  Judge,  aj'''"  '""*"'""*• 
who  shall  rcpide  in  said  city,  or  within  six  miles  of  the 
court  house  of  Montgomery  county,  to  be  elected  by  the 
quahfied  voters  of  Montgomery  county,  on  the  first  Mon- 
day iu  Ma}'  next,  and  every  six  years  thereafter,  who 
shall  t^ke  the  same  oaths,  hold  his  office  for  the  same 
terra,  and  be  removable  for  the  same  causes  as  judges  of 
the  circuit  courts  of  this  State. 

Sec.  2.    Be   it  further   enacted,  That  said  court  shall 
have  a  seal,  a  clerk  and  other  officers  for  the  exercise  ofwiflr^.jt.. 
its  jurisdiction  as  the  Circuit  Courts  have  ;  the  clerk  of 
said  court  shall  be  elected  on  tliO  same  day  that  the  ^..^^^.^^^j. 
judge  is  elected,  and  hold  his  office  for  four  years,  and  '        *   . 
after  the  first  election,  he  shall  be   elected  on   tlie  first 
Monday  in  August.     Ho  sliall   give  bond  as  required  of 
clerks  of  the  Circuit  Courts,  and  in  all  respects,  shall  bo 
governed  by  the  laws  in  relation  to  the  clerks.'of  the  Cir- 
luit  Courts,  except  as  changed  by  this  act. 

Sec.  3.  Be  it  further  enacted,  lliat  said  court  nhall  be 
holden,  and  the  office  of  clerk  thereof,  kept  at  the  court '^•[^'•**"*  *'•■•" 
house  in  said  city.     It  shall  hold  three  terms  each  year, 
16 


1863. 


122 


plicatjlo. 


commencing  first  Monday  in  October,  February  and  June, 
and  may  by  special  adjournment,  hold  such  other  terms 
as  may  bo  necessary  for  the  dispatch  of  business. 

Sec.  4.  Be  it  further  enaci&l,  That  said  court  shall 
have  concurrent  jurisdiction  with  the  Circuit  Courts  in 
the  administration  oi  criminal  law  in  said  county,  and 
that  the  powers  and  jurisdiction  of  the  Circuit  Court-s 
of  this  State  be,  and  are  hereby  conferred  on  the  City 
Court  of  Montgomery  (except  in  actions  to  try  titles  to 
land),  and  in  order  to  confer  upon  said  court  the  same 
power  and  authority  for  the  complete  exercise  of  its 
jurisdiction,  as  is,  or  may  be  conferred  upon  the  Circuit 
Courts,  in  the  exercise  of  like  jurisdiction,  it  is  declared 
j\*Tsd*c°uon"!"^'  ^^^''^^  *^^^  laws  conferring  jurisdiction  in  all  cases  (except 
circuitcvurtBsp-in  actious  to  try  titles  to  land)  upon  the  Circuit  Courts 
giving  them  the  power  to  hear  and  determine  cases,  ap- 
point and  remove  their, officers,  punish  contempts,  regu- 
late their  practice,  and  fonts  of  process,  prescribing  the 
duties  of  their  officers  and  of  Sheriff  and  Coroner,  allow- 
ing established  fees  to  each  officer,  and  providing  for  the 
collection  tlicreof,  or  requiring  of  such  officers  official 
oaths  and  bonds,  shall  be  lieM  to  extend  to  said  court 
audits  officers,  as  fully  as  they  extend  to,  the  Circuit 
Courts.  The  judge  of  said  court  herein  provided  for, 
shall  be  a  conservator  of  the  peace  in  Montgomery  coun- 
ty, and  as  such,  and  in  the  exercise  of  the  jurisdiction 
hereby  conferred,  shall,  in  the  recess  or  vacation  of  said 
court,  have  the  same  power  and  authority  as  Judges  of 
the  Circuit  Courts. 

Sec.  5.  Be  it  furtJier  enacted,  That  the  Supreme  Court 
,of  this  State  shall  have  appellate  jurisdiction  over  said 
City  Court,  and  causes  may  be  removed  from  that  court 
to  the  Supreme  Coiirt  in  the  same  way  provided  for  by 
law  for  the  exercise  by  that  court,  of  like  appellate  or 
supervisory  jurisdiction  over  the  courts  or  judges  of  the 
Circuit  Courts. 

Sec.  6.  Be  it  further  enacted,  That  the  process  of  said 
City  Court  shall  be  tested,  served,  returned,  and  be  in 
form  as  is,  or  may  be,  provided  for  the  process  of  the  Cir- 
cuit Courts,  varying  only  in  the  style  of  the  court,  and 
conform  to  its  terms. 

Sec.  7.  Be  it  further  eiuicted,  That  the  grand  and  pet- 
tit  jurors  for  said  court  shall  be  drawn  and  empannelled 
in  the  same  manner  as  is,  or  ma}'  be,  provided  for  juries 
of  the  Circuit  Courts,  and  a  venire  therefor,  issued  in 
the  same  way  as  is  now  provided  ;  and  the  said  court 


Appeal   to  : 
premu  Court 


rnjct'ss  how  te«t 
eJ,&c. 


Jurorg  ;iud  re 
iiiros. 


123  1863. 

iball  have  the  same  power  to  issue  special  venires,  and 
call  in  tales  jurors,  aa  the  Circuit  Courts. 

Sec.  8.  Be  it  further  enacted,  That  no  grand  jury  shall 
be  gummoued  for  any  term  of  the  Circuit  Court  of  said  ,;r„ndjnrr  for 
county,  but  in  case  the  judge  of  said  court,  at  any  time  <'"-'^"tK'<»"-»' 
during  the  terms  of  said  court,  shall  find  occasion  for  a 
grand  jury,  ho  shall  direct  one  to  be  cmpannelled  in  the 
same  manner,  as  the  law  now  provides,  in  cases  where  a 
grand  jury  has  not  been  drawn  and  summoned,  in  conse- 
quence of  the  neglect  of  any  ufTicor  ehargcd  therewith. 

Sec*  9.  Be  it  further  enacted,  That  all  laAvs;  of  a  gene- 
ral nature  (except  ag  to  actions  to  try  titles  to  land),  that  >''ii>ir»^i»w"  H"" 
may  hereafter  be  adopted,  giving  jurisdiction  tu  the  Cir- 
cuit Courts  of  this  Stale,  or  to  the  Circuit  Court  of  Mont- 
goftiery  county,  shall  be  held  to  apply  and  extend  to  the 
City  Court  of  Montgomery,  within  said  county,  although 
said.  City  Court  may  not  be  mentioned  in  said  law. 

Sec.  10.  Be  it  furtJicr  enacted,  That  tlie  salary  of  the 
judge  of  the  court  hereby  established,  shall  be  three  ^i»ry or jndM^ 
thousand  doHars  a  year,  and  also  three  dollars  for  each 
case  not  defended,  and  five  dollars  for  each  case  defend- 
ed in  said  court,  to  be  taxed  as.  cost  against  the  unsuc- 
cessful party,  which  shall  not  be  diminished  during  his 
continuarce  in  oflice,  and  be  payable  quarterly  at  the„„^|,^j,, 
treasury  of  the  county  of  Montgomery,  upon  his  order, 
out  of  any  moneys  therein,  unappropriated  ;  and  for  the 
remuneration  of  said  county  for  the  payment  of  the  name,  *''"^''''" '""''•  *''• 
the  fees  ^nd  forfeitures  of  nil  State  cases  in  Montgomery 
county,  to  the  full  amount  of  said  salary,  shall  be  paid 
into  said  treasury  in  preference  to  any  other  appropria- 
tion of  the  same,  and  in  all  ca:'es  which  shall  be  tried  in 
said  City  Court  herein  established,  in  which  the  defend- 
ant, after  conviction,  shall  be  unable  to  pay  the  costs  of 
prosecution,  the  same  shall  be  paid  out  or  the  fines  and 
forfeitures  wliich  have  accrued,  or  may  accrue  in  crimi- 
nal cases  in  Montgomery  county. 

Sec.  11,  Be  it  further  enacted,  That  whenever  any 
change  of  venue  shall  be  made  from  said  court,  to  an Winrs  nad  t^r. 
other  county,  the  Circuit  Court  trying  such  cause  upon.hnnt. or  toeu.'. 
the  change  of  veiiuf,  shall  order  the  fine  or  forfeiture, 
upon  the  convicticm  of  the  accused,  to  be  paid,  when  col- 
lected, to  the  sheriff  of  Montgomery  county,  wh-oh  shall 
be  applied  to  the  purposes  herein  provided. 

Sec.  12.  Be  it  further  enacted,  That  the  Sheriff,  Coro-_  _  .      .  ., 
ner  and  ConBtnb!e«  of  the  county  of  Montgomery  shall  »nyn.i 
be  bound  to  attend  said  court,  preserve  order,  and  oxe- 


1863.  124 

cute  and  return  its  procepses  as  they  are,  or  may  be  re- 
quired to  do  in  the  Circuit  Courts. 

Sec.  13.  Be  if  further  enacted,  That , an  act  entitled  an 
County  co«n  '•^^t  to  establish  a  County  Court  for  Montgomery  county, 
ab«it*h»ri.  approved  February  24th,  1860,  be  repealed,  ancl  that  all 

cases  now  standing  for  trial  on  said  county  court  docket, 
shall  be  transferred  to  the  docket  of  said  City  Court  of 
Montgomery,  with  all  the  papers,  books  and  orders  here- 
tofore made  by  said  county  court. 
Sec.  14.  Be  it  furtJwr  enacted,  That  power  is  hereby 
vowfliRof  jndgo  conferred  on  the  said  judge  of  said  City  Court,  to  order 
the  issue  of  writs  of  injunction,  or  any  other  writ  or  pro- 
cess, in  any  and  every  case,  in  which,  by  the  existing 
laws  a  circuit  judge  might  order  the  issue  of  any  Ruch 
or  lilte  writ  or  process.  , 

Approved  December  7,  1863. 


No.  153.]  AN  ACT 

To  change   the  times  oi'  holding  the  Circuit  Court-s  in 
the  Eighth  .Judicial  Circuit. 
I 

Section  1.  Belt  enacted  by  the  Senate  and  House  of  Rep- 
re^sadativcs  of  the  State  of  Alabama  in  Genercd  Asfunmy 
convened.  That  hereafter  the  Circuit  Courts  of  the  eighth 
judicial  circuit  shall  be  begun  and  holden  as  follows  : 

riko  In  tlie  count}'  of  Pike  on  the  fourth    Vonday  in  March 

and  September,  and  may  continue  two  weeks  ;  m  the 

coffoe  county  of  Coffee  on  the  second  Monday  after  the  fourth 

Monday  in  March  and  September,  and  may  continue  one 

DM*  week  ;  in  the. county  of  Dale  on  the  third  Monday  after 

the  fourth  Monday  in  March  and  September,  and  may 

Hocry  continue  one   week  ;    in  the  county  of  Henry  on  the 

fourth  Monday  after  the  fourth  Monday  in  March  and 
September,  and  may  continue  one  week  ;    in  the  county 

Barbour  of  Barbour  on  the  fifth  Monday  after  the  fourth  Monday 

in  March  and  September,  and  may  continue  in  session 
until  the  business  is  disposed  of. 

Sec.  2.  Be  it  further  enacted,  That  this  act  shall  con- 

ExUBt  »n<i  limit  tinue  in  force  until  the  ratification  of  a  treaty  of  peace 
between  the  Confederate  States  and  the  United  States, 
and  after  that  time  the  Circuit  Courts  in  the  eighth  ju- 
dicial circuit  shall  be  holden  as  provided  by  law  before 
the  passage  of  this  act. 


125                                             1863. 
f>''  

Sec.  3.  Be  it  further  enacted.  That  the  Governor  be, 
nnd  he  if  hereby  authorized  nnd  requested  to  have  thiRrnWicduon 
act  published  for  tlirco  snrcessive  weeks  in  the  Southern 
Advertiser,  the  Clayton  Banner,  hnd  the  Spirit  of  the 
South,  and  al^o  to  have  copies  of  thiH  net  forn'nrded  to 
the  Circuit  Court  clerkp  in  the  several  countici*- compos- 
ing tJie  eighth  judicial  circuit. 

A})proved  December  3,  1861?. 


N...  VA.]  AN  xVCT 

To  change  the  time  of  holding  the  Courts  of  the  Eleventh 
Judicial  Circuit.  . 

Section  1.  Be  it  encwied  hy  the  Senate  and  J  louse  of  Rep- 
re^enteitives  of  the  State  of  Alahama  in   General  AssemhJy 
convened,  That  the  Circuit  Courts  of  the  eleventh  judi- 
cial circuit  Bhall  hereafter  bo  held  as  follows,  to-wit :  In 
the  county  of  Covington,  on  the  first  Monday  in  March  coTirgton 
and  September,  and  may  continue  in  session  one  week ; 
in  the  county  of  Conecuh,  on   the  second  Monday  jncoriPwii 
March  and  S? pteniher,  and  may  continue  in  session  one 
week  ;  in  the  county  of  Butler,  on  the  third  Monday  itiB"Hcr 
March  and  September,  and  niay  continue  in  session  two 
weeks  ;  (in  the  county  of  ^MonroCj^on  the  first  Monday  iny^,,^^^ 
April  and   October,  and  may   continue  in    session  one 
weekh  in  the  county  of  Clarke,  on  the  second  Monday  in  ci»rk« 
April  and  October,  and  may  continue   in  session  one 
week  ;  and  in  the  countv  of  Wilcox,  on  the  third  Mon-  ^ , 

,  .'.,  i^i'i  •  •  •         Wilcox 

day  ni  April  and  October,  and  may  continue  in  session 
three  weeks. 

Sec.  2.  Beit  further  enacted,  That  all  process  to  asiul  „ ^ 

1      11    1  1  11  ]•        1  T      n  rrcooM    r«iiirn- 

courts  shall  be  made  returnable  accordingly,  and  all  pro-»bi«. 
c«8s  heretofore  issued  shall  be  deemed  and  hold  returna- 
ble to  the  terms  fixed  by  this  act. 

Skc.  3.    Be  it  further  cmicied,    That  all   laws  contra- 
vening the  provisions  of  this  act  be,  and  the  same  lire  ''^ 
hereby  repealed. 

Approved  December  17,  1863. 


1863.  126 

No.  156.]  AN  ACT 

To  authorize  the  Judge  of  the  Sixth  Judicial  Circuit  to 
fix  the  place  of  holding  the  Circuit  Court  of  Baldwin 
•    county. 

Secticit  1 .  Bt  it  enacted  by  the  Senate  and  Hov^e  of  Bep- 
Judg«  «pp«.int»    '^f'S^ntativa  of  the  State  of  Alabama  in  General  Assembly 
)»)»«« f.f  howiBj  convened,  That  during  the  existing  war  the  judge  of  the 
sixth  judicial  circuit  may  direct  the  holding  of  each  term 
of  the  Circuit  Court  in  and  for  the  county  of  Baldwin, 
at  any  place  in  said  county  to   be  selected  by  him  for 
public  convenience  at  the  time,  at  which  place  the  acts 
and  proceedings  of  the  court  shall  be  as  binding  and  ef- 
fectual as  if  dono  at  Blakely,  the  county  seat :  Provided, 
K«tic«  to  offl«.rf  that  said  judge  shall  notify  the  sheriff  and  clerk  of  the 
Circuit  Court  of  the  place  selected  by  him,  at  least  sixty 
days  before  the  day  appointed  by  law  for  the  commence- 
ment of  each  term  of  said  court. 

Sec.  2.  Se  it  further  enacted,   That  the'  clerk  of  the 

i»«„«r^.  .„  X,. ,-  Circuit  Court  and  the  sheriff  of  said  county  be  author- 

moved.  izcQ  to  romove  the   records  oi  their  respective  offices  to 

the  place  so  appointed  for  holding  the  court,  and  return 

the  same  after  each  term  to  BlakeJy,  in  said  county,  and 

the  expense  thereof  shall  be  paid  by  the  county. 

Sec.  3.  Be  it  further  enacted,  That  it  shall  be  the  duty 
NoticB  by  omcwB  °^  *^^  sheriff,  or  clerk  of  the  Circuit  Court  of  said  coun- 
ty, to  give  notice,  prior  to  each  term,  for  thirty,  days  b}'' 
publication  in  one  weekly  newspaper  at  Mobile,  of  the 
place  appointed  for  holding  said  court. 
Approved  November  28,  1863. 


No.  156.]  AN  ACT 

To  regulate  the  time  of  holding  the  Chancery  Courts  of 
the  Northern  Chancery  Division. 

»  Section  1.  Be  it  efiad^d  by  tJie  Senate  and  Houae  of  Bep- 

resentatives  of  the  State  of  Alalyama  in  General  Assembly 

Chancellor  may   conveued.  That  during  the  existence  of  the  present  war, 

;i;^°''™*"*whenever  it  shall  be  impracticable,  from  a  threatened 

invasion,  or  an  occupation  by  the  public  enemy,  of  any 

district  of  the  Northern  Chancery  Division,  to  hold  the 

regular  terms  of  the  Chancery  Court  of  said  district,  it 

\ 


X27  1868. 

shall  be  the  duty  of  the  Chancellor  of  said  division  to 
hold  a  term  of  said  court  for  sucli  district,  at  such  time, 
and  at  such  place  in  said  division  as  he  may  appoint,'', 
upon  giving  notice  thereof,  for  twenty  days,  by  adver-y;,,,,^^ 
tisoment,  in  some  newspaper  published  in  said  division. 

Sec.  2.  Be  it  further  enacted,  That  when  such  term  of 
Biiid  court  shall  be  ordered,  it  shall  bo  the  duty  of  the '^•«''»^  »*•"••"* 
Register  of  said  court  to  attend  at  the  time  and  place 
appointed,  with  the  records  and  papers  of  all  suits  pend- 
ing and  undetermined  in  the  court  of  the  district  for 
which  such  term  is  to  be  held,  and  all  orders  and  decrees 
rendered  ut  such  time,  shall  have  the  same  force  and  iww  ur doereog 
eflfect  as  if  rendereil  at  a  regular  term  of  said  court,  at 
the  usual  place  of  holdiu);-  said  court. 

Approved  November  30,  lo63. 


No.  167.]  AN  ACT 

To  detach  certain  countius  from  the  Middle  Chancery 
Division,  and  attach  others  thereto — also,  to  detacli 
certain  counties  from  the  Southern  Chancery  Division, 
and  attach  others  thereto. 

Pectign  1.  Be  it  enacted  by  the  Senate  and  House  of  Bev- 
cesentai-ives  of'  the  State  of  Alaharmi  in  Oenieral  Assembly 
convened,  Tliat  fiom  and  after  the  firit  day  of  January,  ru„„ii,  ui»ui. 
eighteen  hundred  and  sixty-four,  thd  Chancery  Districts  ^•;'*j.^J]^*p^»' 
composed  of  the  counties  of  Russell,   Chambers,  Talla- f«rrod  to  soum 
pOosa  and  Coosa,  be  and  the  same  are  liereby  detached  "°  **""""" 
from  the  Middle  Chancery  Division,  and  attached  to  the  „ 
ooutnern  Chancery  Division,  andlthat  the  Chancery  Dis- t*w  ami  wucor 
tricts  composed  of  the  counties  of  Marengo,  Choctaw,*"'"'*''^'* 
and  Wilcox.be  detached   from  the  Southern  Chanceru 
Division,  and  attached  to  the  Middle  Chancer^-  DiviflionJi«'"»"rtrco"tii«i 

Skc.  2.  Beit  further^  enacted,  That  the  Chancellors  of  ui*."' " 
the  said  Middle  and  Southern  Divisions,  whenever  any 
of  the   terms  of  the   courts  of   the  Chancery  District's 
.mentioned  in  the  first  ^section  of  this  act,  as  now  fixed  by 
law,  conflict  with  the  tcrniR  "f  other  courtw  in  their  re- 
spective Divisions,  the  sni'l  Chain-ellors  respectively,  un- 
til otherwise  provided  by  law.  may  fix  the  time  for  hold- 
ing any  such  term  so  coming  in  conflict,  by  notice  pub-j,„i,„,  i, 
lishod  for  thirty  days,  in  sonio  nowsj^aper  ispn^-'^  from  a«'^" 
point  nearest  to  that  at  which  the  court  is  to  he  lield. 


uaaliur  tu  tt\ 


1863. 


128 


Sec.  3.    Se  it  furthei'  enacted,  That  tho .  change  pro- 
^ ,.  .  .  vided  for  b\'  this  act  shall  be  subject  to  tho  provisions 

«ioni.  01  an  act  passed  at  the  present  session  ot  this  (jeneral 

Assembly)  to  suspend  during  the  war,  tho  fall  term  of 
the  Chancery  Courts  of  the  5liddle  Division  of  the  State, 
and  that  the  fall  term  of  the  said  Chancery  Courts  of 
the  districts  detached  from  tho  Middle  Division,  anc^ 
attached  to  the  Southern  Division  by  this  act,  be  sus- 
pended according  to.  the  prpvisiouB.of  the  said  act  afore- 
said. 

Approved  December  8,  18(33. 


foil  tsrtng  *'M- 
puilJuJ. 


No.  158.] 


AN  ACT 


Fall  term  lux 
penilod  sxcept 

Ac. 


To  regulate  the  Courts  of  the  Middle  Chancery  Division 
during  the  existing  war. 

Section  l.BeU  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  AssemUy 
convened,  That  the  fall  and  winter  terms  of  the  Chan- 
cery Courts  for  the  Middle   Chancery  Division  of  the 
State,  bo  and  they  are  hereby  suspended  during  the  war, 
except  the  fall  term  of  Russell  Chancery  Court  foi;  the 
year  1863. 
,  ,      -^   '  Sec.  2.  Be  it  fy^-iher  enacted,  That  all  causes  in  said 
04us«iwbuiui»ii  division  may,  be   submitted  for  final  decree  in  vacation, 
by  consent  of  parties,  or  their  Solicitors  or  guardians  ad 
litem  ;  and  as  to  parties  against  whom  decrees  j^^^^  cw*" 
fesso  have  been  properly  entered  without  their  consent, 
but  not  until  twenty  days  after  such  decrees  have  been 
entered. 

Sec.  3.  Be  it  further  enacted.  All  demurrers,  any  mo- 
tion or  appeal  from  the  decision  of  the  Register,  or  appli- 
cation for  orders  to  execute  a  decree,  may  be  heard  and 
determined  in  Vf\cation,  upon  five  days'  notice  to  the  ad- 
verse party  of  the  time  and  place  and  hoarhig  ;  buthio 
notice  shall  be  required  to  be  given  to  any  party. against 
whom  a  decree  pro  confesso  has  been  entered.  * 

Sec.  4.  Be  it  further  enacted,  All  parties  against  whom 
decrees  pro  confesso  may  be  entered,  may  at  any  time 
before  final  decree,  upon  application  to  the  Chancellor, 
under  existing  laws  and  rules,  be  allowed  to  file  an  an- 
swer, and  to  continue  the  cause  upon  a  proper  showing. 

Sbo.  5.  Be  it  further  enacted,  That  for  the  purpose  of 


Uutiuui,  k.9. 
how  Udai'>l 


UeoroOK  pro  u-ni 
fatu. 


129  1863. 

this  act,  the  Chancollor  of  said  division  shall  remain  at nuty  orchancci- 
the  place  of  his  residence  during  the  month  of  February,  '»•  ■*"<  i^'wcrs. 
but  may  hear  and  determine  all  matters  which  may  come 
before*  him  unci  or  the  provisions  of  this  act  or  existinjj; 
laws,  in  any  month,  and  oider.s  or  decrees  ii&ndorcd  by 
the  Chancellor,  in  vacation,  sliriU  be  entcied  aceording 
to  the  present  rules  of  court,  and  be  as  valid  in  all  re- 
>*pects  aa  if  outerod  in  term  time. 

Sec.  6.  Be  Itfvrthei-  enacted,  Thattlie  provisions  of  this  i,i«,itauoi.r  " 
act  shall  only  continue  in  force  during  the  war. 

Approved  November  !!♦.  1.S6H. 


No.  159.]  AN  ACT 

To  change  the  time  of  holding  the  Chancery  Courts, for 
Fifth,  Sixth,  Seventh,  Ninth  and  Twelfth  Districts  of 
the  Southern  Chancery  Division  of  the  State  of  Ala- 
bama. 

Section  1.  Be  It  enacted  by  tJic  Seriate  and  House  of  Mep- 
resentatives  of  the  State  of  Alabama  in  General  Assembly 
rr>nven^d,  That  from  and  after  the  passage  of  this  act,  thoTonu-chiuiped. 
Chancery  Court*  lor  the  following  districts  of  the  South- 
ern Chancery   Division,   shall  be  held   in  each  year,  as 
follows  :     For  tin;  fifth  district,  Composed  of  the  counties 
of  Henry  and  Dale,  on  the  Wednesday  next  preceding  Htnry  au.i  oaio 
the  8ecx)nd  Monday  in  May  and  November  ;  for  the  sixUi 
district,  composed   of  the  county  of  Barbour,  on  the  se- 
cond Monday  in  May  and  November  ;  ior  the  seventh  °^''"'" 
district,  composed  of  the  counties  of  Pike  and  Cotl'ee.  on  ,.v1-„i.',it. 
the  fourth  Mondays  ol  April  and  October  ;  lor  the  ninth 
district,  composed  of  the   county   of  Lowndes,  on    the  i>.wi,- 
Thursday  next  preceding  the   fourth  MomUiy  in  April 
and  October  ;  and  for  the  twelfth  district,  composotl  of 
the   counties  of  Butler.  Covington  and  Conecuh,  on  theijuiirr,c..v,..5ic.. 
third  Monday  in  April  and  October.  •""'  t^""^"**    . 

Approved  December  8,  1863. 


IT 


1863.  lao 

.     No.  160.]  AN  ACT 

To  authorize  the  County  Commissioners  of  Mobile  coun- 
ty to  increase  the  salary  of  the  Judge  of  the  City  Court 
of  Mobile. 


.Salary  luny  l><)  ia- 


Section  1.  Beit  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
creMau.""'' '  V°  convcned,  That  the  county  commissioners  of  Mobile  coun- 
ty ar«  hereby  nuthorized  to  increase  the  salary  of  the 
Judge  of  the  City  Court  of  Mobile  to  an  amount- not  to 
exceed  one  thousand  dollars  per  annum. 

Sec.  2.  Be  it  further  enacted,  That  this  power  shall  exist 

Limitation         jj^  g^j^j  commissioners  until  a  ratification  of  a  treaty  of 

peace  between  the  Confederate  States  and  United  States. 

Approved  December  7,  1863. 


No.  161.]  AN  ACT 

To  better  regulate  the  fees  of  the  Judges  of  the  Probate 
Courts  of  Greene,  Marengo  and  Clioctaw  counties. 

Section  1 .  Beit  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
Fees  iiuring  war  coiivcnsd,  That  tlic  Judgc  of  the  Probato  Courts  of 
G-reene,  Marengo  and  Choctaw  counties  for  and  during 
the  existing  war,  be  allowed  to  receive  for  their  services 
hereinafter  mentioned,  the  fees  hereto  attached  and  no 
other,  and  the  same  to  be  paid,  taxed  and  collected,  in 
the  manner  provided  by  kiAv  : 

ofl^sons'*''""'  ^^^'  ^^^  0^'tlers  on  presenting  a  Will  for  Probate.  <fec.  ^12  00 

For  examining  witne.sses,  and  order  admitting  Will 
to  Probate,  where  the  gross  value  of  the  estate 
is  ten  thousand  dollars  or  more .  i .  .•  ■. 4  00 

For  like  services,  where  gross  value  of  estate  is 

less  than  ten  thousand  dollars. 2  00 

For  presiding  on  the  trial  of  a  contestcnl  Will, 
where  gross  value  of  estate  is  ten  thousand 

dollars  or  more — per  diem.. 8  00 

'      For  like  services  where  gross  value  of  estate  is 

less  than  .ten  thousand  dollars 4  GO 

For  anothei^jury  trial. 4  00 


131 


1863. 


For  granting  letters  testamentary,  or  of  adminis- 
tration, where  gross  value  of  estate  is  ton 
thousand  dollars  or  more $3  00 

For  like  services,  where  gross  value  of  estate  is 

less  than  ten  thousand  dollars 2  00 

F«r  taking,   approving  and  recording  bond,  and 

entering  order  ot  appraisement 2  00 

For  granting  order  of  appraisement 1  00 

For  granting  or-ier  of  sale  of  real  or  personal  prop- 
erty, where  the  value  of  the  pro])orty  to  he 
sold  is  ten  thousand  dollars  or  more, 4  00 

For  like  services,  where  value  of  property  to  l)e 

sold  is  less  than  ten  thousand  dollars 2  00 

For  issuing  copy  of  order  of  appraisement  or  sale,        .50 

For  order  to  record  inventory,  appraisement  and 

sale,  each , 1  00 

For  order . removing  executors,  administrate  is  nv 

guardiana.  / 1  00 

For  granting?  and  issuing  li  tters  of  guardiauship, 
taking,  approving  and  recording  bond,  where 

'K'     estate  of  ward  is  ten  thousand  dollars  or  more,     5  00 

For  like  services,  where  estate  of  ward  is  less  than 

ten  thousand  dollars '. . 3  00 

Por  order  app'  '  .miaissiouers  to  divide  real 

or  persoiKi.  .and  for   issuiug  writs  to 

>       the  sheriif,  where   property  to  be  divided  is 

of  the  value  of  ten  thousand  dollars  or  more,     7  00 

For  like  services,  where  property  to  be  divided  is 
less  than  ten,  and  five  thousand  dollars  or 
more 5  00 

Por  like  service?,  where  property  to  be  divided 

is  less  than  five  thousand  dollars  in  value..  .  .     3  00 

For  order  on  petition  to  sell  real  esiate.  appoint- 

'  ing  a  day  for  hearing,  and  orders  for  notices, 

•     where  estat(>  petitioned  to  be  sold,  is  of  the 

value  of  ten  thousand  dtollars  or  more 4  00 

For. like  services,  wliore  value  of  estate  petitioned 

to  r       '  '   :    :         '  ^  >  l  dollars..      2  00 

For  'd]<  iiid  giviug 

notiie  to  -  '  ad  litem 2  00 

For  examining;  _.  and  giving  decree,  to 
isell  land,  where  the  land  is  of  tlia  value  of  ten 
thousand  dollars,  or  more - 8  00 

For  like  services,  where  the  value  of  the  land  is 

lr~     '  ■  '    '  "  5  00 

For  oi  ding  uame ....     1  00 


Flutes 


1863. 


132 


ivjwcr  For  hearing  application  for  dower,  issuing  writ, 

entering  all  orders,  and  alloting  dower,  where 
dower  allotted  is  of  the  value  of  ten  thousand 

dollars  or  more. . $8  00 

For  like  services,  where  value  of  dower  allotted  is 

less  than  ten  thousand  dollars 5  00 

Accounts  For  examining,  stating  and  reporting  the  accounts 

'■     ■  of  executors,  administrators  or  guardians,  for 

settlement,  order  appointing  doy  for  hearing, 

and  copy  for  publication,  where  gross  value 

of  estate  is  ten  thousand  doUars  or  more  ....      8  00 

For  like  services  in  all  other  cases -4  00 

For  examining  voucher,  and  allowing  or  rejecting 
•     such  on  each  side  of  account,  where  estate  is 

of  the  value  of  ten  thoui*and  dollars  or  more,         10 

For  like  services  in  all  otlier  cases 05 

Pecrops  111  f=e'tic-^<^r  making  decrees  on  annual   or  partial  settle- 
•"<">*•  ^■''  ■  ments,  and  order  to  record,  where  gross  value 

of  estate  is  ten  thousand  dollars  or  more «")  00 

For  like  services,  where  value  of  estate  is  less  than 

ten  thousand  dollars 2  00 

For  making  all  entries,  except  decrees  in  final  set- 
tlements, and  order  to  record,  where  gross 
value  of  estate  is  ten  thousand  dollars  or  more,     8  00 
For  like  services,  where  value  of  estate  is  less 

than  ten  thousand  dollars 4  00 

For  each  decree  of  distribution 1  GO 

nwoircnt  estates  For  entering  all  n6ceBsary  orders  in  relation  to  in-        y'l 

solvent  estates,  for  each  <y)'d^' 25 

For  issuing  notice  to  creditors,  each  notice 50 

For  decree  in  fovor  of  creditor,  each 50 

For  filing  each  claim  in  office,  and  giving  receipt 
>■  therefor,  to  be  paid  by  person  filing  claim.. .  50 

For  is.siiing  each  writ,  citation  or  notice,  required 

to  be  issued  in  pursuance  of  law . .. .  ; 1  00 

Bonds              For  approving  every  l»ond,  except  those  of  execu- 
tors, administrators  and  guardians 1  00 

Records  For  recording  wills,  inventories,  appraisements,  re- 

ports, decrees,  and  for  recording  conveyances 
'        and  all  other  instruments  required  by  law  to 

be  recorded,  for  every  hundred  words . .         20 

crrtificate         For  eash  certific^.te,  with  or  without  seal  of  oflSce,     1  00 

i.icertse  Pdrl^-ranting  retail  licensee,  and  tiling  oath 3  00 

For  each  other  license  not  otherwise  provided  for,     2  00 

Apprentice        F6r  order  binding  out  apprentice. 1  00 

commis-sioii.?      For  commiRRtonB  to  take  depositions  in  any  one  case,     2  00 


133  1863. 


()nlh 


Foi-  aclmiiiMfeVftlcc'  oaths  not  otherwise  provided 

for .^ §     50 

For  preBiding  in  Commissioners'  Court,  per  day. .     5  00 '''■'""''"►^ 

For  pouting  estray,  or  advertising  the  simie 'i  00  K>;ir»v 

For  filing  elaim  against  an  estate  solvent,  to  be  vsuug.  tinm 

paid  by  the  person  filing  the  same .50 

When  estates  are  less  than  $200,  one-fourth  of  the 

lowest  of  above  fee 

For  making  out  lists  of  licenses,  and  exhibiting 
bonds  of  public  officers  to  grand  juries,  and 
making  up  and  keejung  records  of  Commis- 
sioners' Courts,  and  issuing  citations  to  nppor- 
tioners  and  overseers  of  roads,  and  drawing 
drafts  on  county  treasurort;,  and  exhibiting 
records  to  grand  juries,  filing  and  approving 
bonds  for  bridges,  tfec.,  oaths  and  bonds  for 

militia  officers,  <fec., — per  annum 300  00 

Approved  De*^ember  7,  1863. 


lii'iipral  sorvico 


No.  162.1  AN  ACT 

To  repeal  in  part  "  An  Act  to  regulate  the  Fees  of  Pro- 
bate Judges  iji  Greene,  ^farcngo,  and  Choctaw  coun- 
ties." 

Section  1.  Bcitenarted  hy  the  Senate  and  House  of  Rep- 
rrscntntivefi  of  tlic  State  of  Alabama  in  General  Assemhly 
roni^emd,  That  the  act  entitled  ''  \n  Act  to  regulate  the '^pf-^'"''''"" 
Probate  Judges'  fees  of  Greene,  Marengo,  and  Choctaw 
counties,"  approved  December  7th,  1863,  be,  and  the 
same  is  hereby  repealed,  so  far  as  relates  to  said  fees  in 
the  county  of  Choctaw. 

Approved  December  8,  1863. 


No.  163.1  AN  ACT 

To   increase   the   pay   of  the  county  ofTlcers  of    Clarke 
coupty,  &c. 

Skctton  1 .  Be.  it  enacted  hy  the  Senate  and  House  of  Rep-  poog  incr<vuc<< 
resenialives  of  the  State  of  Alabama  in  Gerwrcd  Asse}ntny  ^^f  ^""^^'^ 
^onvi'iied,   That   the    fees    of    the    Judge    of    Probate, 


1863.  134 

Clerk  of  the  Circuit  Court,  and  Sheriflf  of  Clark©  cojunty, 
and  witnesses  in  the  coui'ts  of  said  county,  be  and  the 
same  arc  hereby  increased  fifty  per  cent,  on  the  fees 
heretofore  allowed  by  law. 
Approved  November  28,  1863. 


No  164.] 


AN  ACT 


To  increase  the  per  diem  of  Commissioners,  Tax  Collec- 
tors and  Assessors  of  Clarke,  Choctaw  and  Tuscaloosa 
counties. 

Section  1.  Be  it  enacted  Ly  the  Senate  and.  Homeofliep- 
rerdjcru  b(  o^tn- '^^scntatives  of  the  State  of  Alahama  m  General  Assemhly. 
mif6i»»ner8         co)wened,  That  the  county  commissioners  of  Clarke,  Choc- 
taw and  Tuscaloosa  counti\3S  shall  receive  five  dollars  per 
day  for  their  services  while  their  court  is  in  session. 
Sec.  2.  Be  it  further  enacted,  That  the  tax  collector 
FoesofABse«cr  and  Hsscssor  shall  receive  one  dollar  for  visiting;   the 

ami  Collector         ,  r>         ,  r        ^i  j-         ii       ,• 

nouse  or  a  tax  payer  lor  the  purpose  ot  collecting  or 
assessing  taxes,  Provided  said  tax  payer  is  not  a  soldier 
^  or  the  relict  of  a  soldier. 

Approved  December  3,  1863. 


No.  165.] 


AN  ACT 


To  increase  the  Fees  of  Commissioners  and  Constables 
in  Chambers  county. 

Section  1.  Be  it  enacted  ly  the  Senate  and  House  of  Rep- 

}-.'>s increaFcd     Tcscntatives  of  the  State  of  Alabama  in  General  Assemhly 

fifty  por  tnnt.     conveiied,  That  members  of  the   Court  of  County  Com^ 

missioiiers,  and  Constables,  in  the  county  of  Ch.^mbcrs, 

be  allowed  an  increase  of  fifty  per  cent,  on  the  fees  now 

allowed  by-law. 

Approved  December  8,  1863. 


135  1863. 

.  Nx).  166.]  AN  ACT 

•jv    To  repeal  an  art  approved  November  0th,  1861. 
t 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 

nvened.  That  an  act,  approved  November  9th,  1861,  to }^f w.lbVi'o"''"""*' 
educe  and  define  the  fees  of  Notaries    Public   for  tlie 
protest  of  notes,  bills  of  exchange,  or  other  papers,  in 
the  city  of  Mobile,  be,  and  the  same  is  hereby  repealed. 

Approved  December  3,  1863. 

■i! 

No.  167.]  AN  ACT 

To  autliorize  the  Judge  of  Probate  of  Lo^viides  county 
to  record  a  certain  paper. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives  of  the  State  of  Alabama  in   General  Assembly  ^  ^^^^  ^^  ^^^ 
convened,  That  it  shall  be  lawful  for  the  Judge  of  Pro-  mig«ion«r«  i«gai- 
bate  of  Lowndes  county  to  record  the  report  of  Simeon  '^'•'*^ 
R.  May,  Felix  Jordan,  George  Hazard  and  .Tas.  A.  Gra- 
ham, a  commission  appointed  to  set  off  from  the  estate  of 
M.  E.  Murphree,  one-sixth  part  of  the  negro  property  of 
said  estafe  to  Rebecca  F.  Sampley,  formerly  Rebecca  F. 
Murphree. 

Skc.  2.  Beit  ftti  (her  enacted,  Tliat  the  commissioners  cv,„„„i,,i„i,ers  to 
named  in  the  first  section,  be  and  are  hereby  authorized  j^rlv"*^*'  '"^" 
to  designate  the  slave  Eliza  or  Liv.a,  as  the  ono-sixth  part 
of  the  slave  property  of  tlio  estate  of  M.  E.  Murphree.  to 
Rebecca  F.  Sampley,  Provided  said  slave   bo  the  one- Pmviiic, 
sixth  part  of  the  value  of  said  pro])erty. 

Approved  Noveml)er  27,  186:5. 


Xo.  1HS.1  AN  ACT 

Tm  reiii.i\  e  the  TM.-ulL'Uit.  Ill  "i' the  Guardiaii.slii jj  of  Jullu.s 
C.  Alford,  deceased,  late  guardian  of  Julius  S.  Alford, 
from  the  Probate  Couit  of  Pike  county,  to  the  Probate 
Court  of  Montgomery  county. 

Section  1.  Be  it  enacted  by  the  Senate  aiul  Hon'^e  of  Rep- 
resentatives #  iJic  State  of  Alabama  in  General  Assembly 


L 


1863. 


186 


romove  scttly 
mcnt. 


Adminkirator  of^^^'^^ned,  That  D.  B.  Banks,  administrator  of  tho  ebtate 
j.c.  Airord  to  of  Julus  C.  Alford,  deceased,  lato  of  Montgomery  county, 
be  authorized  to  remove  the  settlement  of  the  guardian- 
ship of  JuHtis  C.  Alford,  (loc(^;i?c(l,  late  of  Montgomery 
county,  from  the  Probate  Court  of  Pike  county,  tlie  Judge 
of  said  Probate  Court  of  Pike  county  being  connected  by 
conaanguinity  with  the  said  Julius  tS.  Alford,  within  the 
degree,  and  that  the  Judge  of  the  Probate  Court  of  Pike 
county  shall  make  a  complete  record  of  all  tho  proceed- 
ings had  in  said  court  of  the  guftrdianship  of  the  estate  of 
the  said  Julius  S.  Alford,  by  the  said  Julius  C.  Alford, 
and  cause  the  same  to  be  transferred  to,  and  be  deposit- 
ed in  tho  Probate  Court  of  Montgomery  county,  which 
court  shall  forthwith  take  jurisdiction  of  said  settlement, 
and  proceed  to  hear  and  determine  all  matters  and 
things  pertaining  thereto,  and  the  final  settlement  of  said 
guardianship. 

Approved  November  27, 1863. 


JuUg<s  to  uiub 
recorj. 


•lurifiMiotioli 
'Vbiiugbd  lu 
Moiilgomoiv 


("ourt  of  Butlqi' 
bas  juristlictiou. 


No.  1G9. 


AN   ACT 


j.d 

.n 

K- 
To  confer  jurisdiction  upon  the  Probate  Court  tjf  Butl^r^ 
county  over  the  estate  of  George  N.  Lewis,  dec'd.    ■■- 

■if     ;    i 

Section  1 .  Be  it  enacted  hy  the  Senate  and  Hoii^e  of  liep- 
rewntatlv&i  of  tlv&  State  of  Alahavyx  in  General  Assembly 
convened,  That  the  Court  of  Probate  of  Butler  countV; 
shall  have  jurisdiction  over  the  estate  of  George  N; 
Lewis,  deceased,  lat^e  of  Lowndes  county,  to  grant  let- 
ters testamentary  on  the  Will  of  said  deceased,  and  to 
do  all  things  necessary  and  proper  to  cause  the  estate  of 
said  deceased  to  be  settled  and  distributed  in  said  court,, 
according  to  the  laws  of  this  State,  imder  the  provisiouiJ 
of  said  Will,  as  fully  and  effectually  as  if  the  said  de- 
ceased had  been  an  inhabitant  of  tho  county  of  Butler  at 
tho  time  of  his  death. 

Approved  December  4,  1863. 


137  1868. 

No.  170.]  AN  ACT 

To' give  jurisdiction  of  the  estate  of  William  GrJirner  to 
the  Judge  of  Probate  of  Bibb  county. 

Section  1 .  Be  it  enacted  by  tlut  Senate  and  Hotise  of  Rep- 
7r,8eniattves  of  the  St^te  of  Alabama  in  Grueral  Asaembly 
convened.  That  the  Judge  of  Probate  of  Bibb  countj  have,/;;,'j;J''^*'""  '"•"• 
and  he  iu  h*erel)y  given  jurisdiction  of  the  estate  of  Wil- 
liam Ganier,  to  probate  the  last  will  of  William  Garner, 
deceased,  late  of  Bibb  county,  and  to  exercise  jurisdic- 
tion of  said  estate  as  fully  as  though  no  relation  existed 
between  said  Judge  of  Probate  and  the  deceased,  and  the 
legatees  under  said  will  or  executor  thereof. ' 

Approved  November  19,  1868. 

•.  — — — . 

No.  171.]  AN  ACT 

To  authorize  the  Court  of  Probate  of  Pike  county  to 
grant  an  order  of  sale  of  the  land  of  Eli  Parks  pri- 
vately. 

Section  1 .  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
cotivened,  That  tJie   Court  of  Probate  of  the   county  of  f,;^;,''';;;,|;;J" 
Pike  be.  and  the  same  is  hereliy  authorized  and  empow-**!* 
ered  to  grant  an  order  to  F.  E.  Boykiii,  the  administrator 
on  the  estate  of  Kli  Parks,  late  of  said  county,  deceased, 
to  sell  the  lands  of  said  estate,  either  at  private  or  public 
■alo,  as  it  may  appoar  best  to  the  interest  oi'  the  said  e.s- 
tate,  said  sale  shall   be   returned  by  said   administrator, 
and  passed  upon  and  confirmed  by  said  court,  as  provided  i;^a,u„i,^,„ 
for  by  law  in  relation  to  sales  of  lands  l)y  administrators. 

Approved  December  7,  1863.  '^' 


No.  172.]  AN  ACT 

To  extend  to  tlie  Probate  Court  of  Jefferson  coiinty  the 
ViproviiiouB  of  an  act  therein  named,  and  other  countiev. 

SlCTlOB  1 .  Be  it  enarted  by  the  Senate  atul  House  of  Rev 
rmmt<Uive»  of  the  State  of  Alabama  in  OtnercU  AstenMy 
18 


1863.  138 


rroTisioM  of  act  convemd,  That  tho  provisions  of  an  act  to  amend  Section 
Mtendou.  1748  of  the  Code,  so  far  as  relates  to  Bibb  county,  "ap- 

proved August  2.7, 1863,*'  be  and  the  same  are  hereby 
extended   to    the   Probate    Court   of . Jefferson,   Perry, 
Greene,  Macon  and  Dallas  counties. 
Approved  December  8,  1863. 


l^dmiBistrator 


No.  173.]  AN  ACT 

To  authorize  the  administration  of  the  estates  of  James 
K.  Breazeale  and  Sarah  K.  Breazeale,  to  remove  the 
administration  of  said  estate  from,  tho  county  of 
Lowndes  to  the  county  of  Dallas. 

Section  1.  Be  it  enacied  by  the  Senate  and  House  of  Bep- 
resentatives  of  the  State  of  AJahama  in  General  Assembly 

ruthoriie'd  w  ro-  conveued,  That  Absalom  D.  Breazeale,  of  Dallas  countyi 

ItcTorS'/'   administrator  of  the  estate  of  James  K.  Breazeale,  and 

■    also  of  the  estate  of  Sarah   A.  Breazeale,  be  authorized 

to  remove  the  property  and  administration  of  said  estate 

from  the  county  of  LoAvndes  to  the   county  of  Dallas, 

and  that  the  Judge  of  Probate  of  the  county  of  Lowndes 

ueceni  to  1.0  ccj- be  authorized  to  serve  a   transcript   properly   certified 

iii.jd.  ^£.  ^Y^Q  proceedings  heretofore  had  in  said  court,  in  rela^ 

tion  to  said  estate,  with  all  papers  on  file  in  his  court 
belonging  to  said  estate  to  the  Probate  Judge  of  Dallas 
county.     Provided,  the  said  Absalom  D.  Breazeale  shall 

Boud  gj,g^  gjyg  bonds  to  the  Judge  of  Probate  of  Dallas  county 

as  are  required  by  law,  and  shall   pay   to  the  Judge  of 

Kec«tobo  luid.  Probate  of  Lowndes  county  all  co.sts  that  have  accrued 
in  the  administration  of  said  estate  in  Lowndes  county, 

soiiiemoat  and  sliall  make  full  settlement  of  said  estates  with  the 
probate  court  of  Lowndes  county  before  the  order  of 
removal  is  granted. 

Approved  November  17,  1863. 


No,  174.]  AN  ACT 

To  authorize  the  Governor  to  rescind  certain  contraetei 
therein  named. 

Section  1>  Be  it  enacted  by  the  Sencde  and  House  of  Bep- 


139  1863. 

restntatives  of  the  StcUc  of  Alabama  in  Genercd  AsscmRy 
convened,  That  the  Governor  be  and  ho  is  hereby  au-i^  ^•^'•••■ico'k 
thorizedupon  ]ust  terms  to  rescinn  a  contract  made  by 
him  witii  E.  W.  rftarke,  of  Pike  county,  for  the  distiHa- 
tion  of  alcohol  and  whisky.  Provided,  said  Starke  con- 
sents thereto,  and  that  in  the  opinion  ot  the  Governor 
the  interest  of  the  community  in  Avhich  the  distillery 
is  located  requires  such  rescission. 

Sec.  2.  Be  it  further  enacted.  That  ail   the  provrsions 
of  the  first  section  of  this  act  be  and  apply  to  the  con- R„bin«nn  *  T«y 
tracts  made  by  James  L.  Robinson  and  William  L.  Tay-'"""- 
lor,  oi  tho  county   of  Chambers,  for    the   distillation  of 
Alcohol  and  whisky. 

Approved  December  3,  1863. 


No.  175.]  AN  ACT 

For  the  rclif!   of   hickson   Nelson  &  Co.,  and    Lewis  O. 
Sturdivant. 

Section  1 .  Be  it  enacted  by  the  Senate  and.  House  of  Rep- 
resentatives of  the  Stat^  of  Alabama  in  General  Assembly  (io^,^^,,  n,ay 
convened,  That  the  Governor  be,  and  he  is  hereby  author-  pay  f»ir  c«mp»B 
ized  to  modify  or  change  the  contracts  made  with  Dick-*"  '"" 
son  Nelson  &  Co.,  and  Lewis  G.  Sturdivant,  for  the  man- 
ufacture and  delivery  of  guns  for  the  State,  so  as  to  pay 
just  and  reasonable  compensation  for  the  gun.«i  which  have 
been  or  shall  be  delivered  to  and  received  by  tho  State. 

Approved  December  7,  1863. 


No,  176.]  AN  ACT 

For  the  reliT>f  of  (  ertain  Government  Contractors. 

Section  1 .  Be  it  enacird  hy  the  Smat^e  and  Hov'^  of  Bcp- 
reffentcUives  of  the  State  of  Alnlmmn  in  General  Af^snnNy 
cnnvemed.  That  it  shall  bo  lawful  for  any  defendant  indie- ^''•" '""i":"^^^ 
ted  for  cuttinc:  trops  oft'  the  y^nblic  lands  in  the  StAto,  to frnmirt  romrart 

'  '  '     trial  of  swell  indictment,  that  at  the 

il  of  thfi  nIVence.  a  Rubsistine:  con- 

trac:  ^       ,  .,v- 

ernmu 


1863.  140 


ernmeut  «nj  of  the  following   articles,  to-wit:  Potash, 

AM  «cinai  iwo  Nitre,  Sulphur  or  Charcoal,  and  that  the  said  trees  -were 
actually  used  in  the  fulfillment  of  said  contract,  and  that 
the  potash,  nitre,  sulphur  or  charcoal,  as  the  case  may 
be,  was  manufactured  for  the  sole  use  of  said  govern- 
ment, and  has  not  been  disposed  of  to  any  person  other 
than  to  an  agent  of  said  government  for  its  use. 

Sec.  2.  lie  it  further  enacted,  That  upon  such  proof 

^^^  being  piade,  it  shall  be  lawful  for  the  jury  trying  the 

cause  to  assess  a  fine  against  the  defendant  to  an  amount 
equal  to  the  amount  of  the  actual  damages  the  State  has 
sustained  by  reason  of  tht?  cutting  of  said  trees,  not  less 
than  the  minimum  price  fixed  upon  said  lands  by  the 
lav,-8  of  this  State,  and  not  less  than  the  minimum  price 
of  each  legal  subdivision  upon  which  the  defendant  has 
cut  any'timber. 

Sbc.  3.  Be  it  fvrther  enafted^  That  the  privileges  al- 

BxiMiu  t.  lowed  by  this  act  is  also  extended  to  their  asrents  and 
employees. 

Seg.  4.  Bt  it  further  enacted,  That  this  act  shall  not 

X..I  ivrcpMi.  ft«.  |)e  so  constnied  as  to  repeal  any  law  in  force  against  cut- 
ting trees  from  public  lands,  and  shall  not  affoct  any  in- 
dictment now  pending,  except  so  far  as  it  secures  to  de- 
fendants the  benefits  herein  provided. 
Approved  November  27,  1863. 


No.  177.]  AN  ACT 

For  the  relief  of  Justices  of  the  Peace  in  the  county  of 
Montgomery. 

Section  1 .  Be  it  enacted  hy  the  Senate  and  Hoiise  of  Rep- 
reumtatives  of  the  State  of  Alabama  in  General  Assembly 

pMmwJ.'"''"'''  convened,  That  all  tlie  provisions  of  "an  act  in  relation 
to  the  officers  of  Court,"  approved  November  14,  1862, 
l)c  and  the  same  are  hereby  made  applicable  to  Justices 
of  the  Peace  in  the  county  of  Montgomery,  so  far  as 
relates  to  preliminary  trials  j«id  investigations  had.be- 
fore  them  in  State  cases  in  which  convictions  are  had  in 

vW  how  paid  the  Circuit  Court,  and  that  the  fees  due  said  Justices  on 
such  preliminary  trials  and  investigations  had  before 
them  in  cases  where  convictions  are  -had  in  the  Circuit 
Court  shall  be  paid  out  of  the  .fine  and  J^orfeiture  fund 
of  the  county  of  Montgoiiiery  in  the  «iame  manner  jind 


141  1863. 


to  the  8am«  extent  as  is  provided  for  the  payment  ot 
fees  due  the  oJBBcere  of  court  bj  said  »ct. 
Approved  December  4,  1863. 


No.  178.]  AN  ACT 

For  the  relief  of  the  poor  of  Mobile  county. 

Section  1 .  Br  U  fvacifd  by  the  Scimlf  and  Honse  of  Rep- 
rutniaiivt*  of  the  State  of  Alabama  in  General  Assembly  ^.^  ^.,V„(r, 
t:onvene.d,  That  the  Board  of  Commissioners  of  Rovonuo  ,n«ri*vTt«x 
of  Mobile  county  be  and  is  hereby  authorized  to  levy 
and  collect  a  special  annual  tax,  not  exc«?cding  fifty  per 
cPTit.  on  the  amount  of  the  State  tax  in  said  county,  for 
the  relief  of  the  poor  of  Mobile  city  and  county,  to  be 
distributed  in  such  manner  as  said  commissioners  shall 
deem  best. 

Sec.  2.  Be  it  further  mact^d,  That  this  act  shall  be 
in  force  for  and  cUirinq:  the  contmuance  of  the  war  noAv  'tfniiHtion«(  i»et. 
pending  between  the  United  States  and  the  Confederate 
States,  and  nothing  herein  contained  shiill  operate  as  a 
repeal  of  the  laws  now  in  force  in  this  State  for  the 
r,eiicf  of  the  families  of  soldiers  in  the  Confederate  ser- 
vice. 

Approved  November  30,  1863. 


No.  179.]  AN  ACT 

For  the  relief  of  the  poor  in  Cherokee  county. 

Section  1 .  Be  it  rvacfed  by  the  Senate  and  Hovte  of  Bep- 
re^entniivefi  of  the  State  of  Alabama  in  General  Assembly 
rnnvened.  That  nrte-half  Of  the  taxes  collected  by  Chero- J^^.y'*''"^ 
kee  county,  for  conntv  purposes,  now  on  hand,  or  which 
shall  be  collected  during  the  war,  shall  be  set  apart  foT 
the  support  of  the  poor  of  8ai<l  county,  who  are  not  re- 
cipients of  the  county  fund  for  the  relief  of  indigent  fam- 
ilies of  soldiers  :  the  same  to  be  distributed  under  tho 
direction  of  the  court  of  county  commissioners  of  laic^ 
county. 

Approved  November  28,  1863. 


1863. 


142 


No.  180.}  AN  ACT 

For  the  relief  of  Jeremiah  Fail. 


'<H4 


Whereas,  Jeremiah  Fail  bored  three  artesian  wells 
Preamble  Oil  thc  saline  lands  of  this  State,  which  are  included  in 

the  lease  to  John  P.  Figh,  at  his  own  risk,  cost  and  ex- 
pense, under  an  invitation  of  the  General  Assembly  to 
all  persons  to  make  salt  on  the  saline  lands  of  this  State, 
and  whereas  the  State  is  now  deriving  the  exclusive  use 
and  benefit  of  said  wells,        - '  ■ 

Section  1.  Be  it  enacted  by  the  Senate  and  Eotise  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
May  r.ceiTo  r^^^  conveued.,  That  the  said  Jeremiah  Fail  be,  and  he  is  here- 
by authorized  to  charge  and  receive  for  the  use  of  the 
waters  produced  b}^  said  wells,  such  toll  or  rent  as  he 
may  deem  reasonable  and  just,  not  to  exceed  one-tenth, 
in  addition  to  the  toll  or  rent  charged  or  received  by  the 
State  ;  and  that  no  person  shall  use  jiaid  waters  without 
pacing  rent  or  toll  to  the  said  Fail,  except  the  excess  of 
•     •  water  over  and  above  the  quantity  coptracted  for,  Fro- 

vtotW)  vided,  however,  that  this  act  shall  only  remain  in  force 

twelve  months  from  its  passage. 
Approved  December  8,  1863.  ,;    *ji,  it^-iUi^** 


No.  181.] 


AN  ACT 


Entitled  to  two 
por  r.fnt.  tnrni. 


Provico 


For  the  relief  of  the  Western  Rail  Road  dompany. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Bep- 
resentatives  of  the  State  of  Alabama,  in  General  Assembly 
convened,  Tliat  the  Western  Rail  Road  Company  shall 
be  entitled  to  the  benefit  of  the  provisions  of  the  fifth 
section  of  an  act  entitled  "  an  act  to  reinvest  a  portion 
of  the  two  per  cent,  fund,"  approved  24:th  February, 
1860.  Provided,  said  Company  shall  complete  and  put 
in  operation  their  Rail  Road  from  the  town  of  Montgom- 
ery to  tlio  Alabama  River,  opposite  the  town  of  Selma 
within  two  years  after  the  ratification  of  a  treaty  of 
peace  between  the  United  States  and  the  Confederate 
StateSf.  ;    ;. 

^     Approved  December  5,  18^3^ 


143  1B6& 

No.  182.:i  AN  ACT 

For  the  relief  of  H.  P.  Watson. 

Whereas,  the  Sta:te  of  Alabama  is  justly  indebted  to 
H.  P.  Watson,  the    Adjutant   and  Inspector  Goneral  of}'r«wuibio 
the  State  for  eight  and  a  half  months  Services,  bep^innine; 
on  the   14th  dav  of  March,  and  ending  30th  Novemboi', 
1863,  at  the  rate  of  $120  per  month. 

Section  1.  Therefore  he  it  enacted  hy  the  Senate  and  Borne 
(f  Representatives  of  the  Siaie  of  Alabama^  in  Oeneral  J^^^^.^^^.^^^^^^^ 
Assembly  convened.  That  the  Comptroller  draw  his  war- 
rant upon  the  Treasurer,  in  favor  of  said  H.  P.  AVatson, 
for  the  sum  of  one  thousand  and  twenty  dolkirj*,  to  l»o 
paid  to  the  said  Watson,  out  of  any  money  in  the  trea- 
sury not  otherwise  appropriated. 

Approved  December  8,  1863. 


No.  183.]  AN  ACT 

For  the  relief  of  Robert  Z.  Barlow,  the  Tax  Colleotor 
and  Tax  Assessor  of  the  county  of  Baldwin. 

Section  1.  Be  it  marled  by  the  Senate  arid  House  of  IU"p- 
rese-nfatives  of  tlie  State  of  Alabama  in  General  Assemidy 
convened,  Tliat  the  amount  heretofore  paid  by  Robert  'LtZx^Lh^^^ 
Barlow,  tax  assessor  and  tax  coll(^tor  of  the  county  of  ^"^■*'^ 
Baldwin,  during  his  present  term  of  office,  for  necCssarv 
books  and  printing  and  stationtry,  may  be  retained  bv 
him  in  any  future  settlemont  with  the  count}-  commis- 
sioners, and  he  may  continue  to  do  so  until  otherwise  pro- 
vided by  law. 

Sec.  2.  Beit  further  enacted^  That  the  sura  of  sixtviu'-w-iiuiMtoUy 
dollars  being  the  amount  allowed  by  the  said  commis- '"'"""""""'"'■ 
sioners  to  R.  Z.  Burlow,  the  tax  collector  of  said  county, 
for  errors  and  insolvencies  in  the  year  1862,  be  paid  to 
the  order  of  said  Barlow  by  the  State  Treasurer,  on  the 
warrant  of  the  Comptroller,  \\\i'  same  having  been  T'-^i 
ed  payment  only  on  accouni  of  not  Laving  been  pri 
cd  during  the  fiscal  ye.ir  1S62.  ilj*  '^U  Jj^r  /aj  ,_'- 

Approved  December  4, 1863. 


186S.  144 

No.  184.]  AN  ACT 

For  the  relief  of  the  Tax  Collector  of  Calhoun  eountj. 

Section  1.  Be.  it  enacted  hy  tlie  Senate  and  House  of  i?ci)- 
resentatives  of  the  State,  of  Alahmna  in  General  Assembly 
^C^'L^Z "  convened,  That  the  tax  collector  of  Calhoun  county  b® 
allowed,  until  the  tirst  of  V'uy,  18ft4,  to  make  his  returu 
Pi«vUo  '  to  the  Comptroller  for  the  taxes  of  1863  ;  Provided,  that 
this  act  shall  not  take  «ftect  until  the  suretieu  on  the  of- 
ficial bond  tile  their  written  assent  thereto  in  the  offieo 
of  the  Comptroller  of  Public  Accountu.  y^ 

Approved  December  7, 186JJ.  i 


Api)repriati«ii 


Ht>w  <U'&wu 


No.  185.]  AN  ACT 

For  the  relief  of  Samuel  B.  Harmon,  Tax  Collector  of 
Macon  countj. 

r.o/' 
Whereas,  Samuel  B.  Harmon,  late  tax  collector  for 
Mixcon  countj,  has  fully  paid  off  and  satisfied  the  judg- 
ment,-principal,  interest  and  costs  obtained  against  said 
Harmon,  for  the  sum  of  fire  thousand. one  hundred  and 
thirty  dollarif  and  eiglit  cents,  the  balance  due  from  said 
county  for  the  tax  year  1860,  and  the  further  sum  oi' 
twelve  hundred  and  eighty-two  dollars  and  fifty-two  cen^ 
•recovered  as  damage^  thereon.  " 

Skctiox  1.  Be  it  enacted  by  the  Senate  and  House  of  Hep- 
resentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  sum  of  twelve  hundred  and  eighty- 
two  dollars  and  fifty-two  cents  ($1,282  52),  be  and  the 
same  is  hereby  appropriated  to  Samuel  B.  Harmon,  late 
tax  collector  for  the  county  of  Macon,  the  same  being  the 
amount  of  damages  recovered  on  a  judgment  against  said 
Harmon,  for  the  taxes  of  1860,  and  by  him  paid  into  tho 
State  treasury,  and  that  the  Comptroller  of  public  ac- 
counts issue  iiis  warrant  on  the-  State  Treasurer  therefor, 
to  be  paid  out  of  any  money  in  the  treasury  not  other- 
wise appropriated. 

Approved  December  5, 1868. 


145  1863. 

No.  186.]  AN  AOT 


'vUl 


Fgr  tho  relief  of  William  Hulsey,  Tax  Collector  of  Walked 

county. 

Section  1 .  Be  it  ejiaded  by  the  Senate  atfd  Home  of  JRep- 
resentativeti  of  the  State  of  Alabavui  in  Genn'al  AsBemUtI 
convened,  Tiiat  tlie  Coinptioller  of  public  Hccounts  buv ITn' "f/" '"' "^^ 
and  he  is  hereby  authoriiicd  to  allow  to  Willitun  HuLsey, 
tax  collector  of  Walker -couuty,  for  the  year  18()2,  a  credit 
of  one  hundred  and  eighty-one  dollar^  and.,  sovonty-feJUr 
cents,  for  insolvencies,  errors,  *tc.,  in  the  assessn^eut  of 
the  State  taxes  of  said  county  for  that  year,  Frovided, 
that  said  collector  shall  pr(;aent  to  said  comptroller  tin' 
certificate  of  tho  court  of  county  commissioners  that  the 
said  sum  of  one  hundred  and  eighty-ont'  dollars  and  sev- 
enty-four cents  is  the  oorreofe  ainount  allowed  therefor  t0 
said  Hulsey.  ..-^       ;•; 

Ap]>voved  November  2"*7,  l86^. 


No.  187.]  •  AN  ACT 

For  the  relief  of  Thcophilus  C.  Greenhili.Tax  Colk'cior 
of  Franklin  county. 

Section  1.  Be  it  enacted  hythr  Senate  akd  House  of  Bep- 
resentatives  of  the  State  of  Alabama  in  General  Assomhly 
convened,  That  in  the  settlement  with  tho  Comptrolli'i-  .       ,   ,, 

,,     ,  '  [,    rn,  ,   .,  /-(      /-I  1   Ml  11  Amount  of  tax 

01  the  account  ot    Iheophilus  C.  CTreenhnl,  tax  collector  mouer  taken  i^y 
for  Franklin  county  for  the  year  1862,  the  sum  of  seven' 
hundred  and  thirty-tw^o  dollars  be  remitted  to  him  of  the 
sum  due,  that  being  the  amoilnt  of  public  mon^V  tha^ 
had-  been  collected  for  taxes  due  tho  Strife  of  Alabama, 
that  was  taken  from  him  by  force  of  arms  by  the  public 
enemy,  on  the  21st  February,  b'^'OS. 
Approved  November  19,  18GB. 


I'namv  roniltto.l. 


No.  188.}  AN  ACT 

For  the  relief  of  ♦Tohn  Mosely,  Tax  Collector  of  Dallas 

county. 

Section  1.  Be  it  enacted  by  the  Senate  and  Iloui<i  if  Re^- 
resentatives  of  the  State  of  Alabama  in.  General  Asseiifbly 
19 


1863. 


146 


stttlem^ut. 


convened^  That  the  Comptroller  of  Public  Accounts  it 
crtdu^aiiowod  is  authorized  and  required,  in  his  settlement  with  John 
Mosely,  tax  collector  of  Dallas  county,  for  the  year  18Q2, 
to  allow  the  ?aid  John  Mosely  a  credit  of  two  thousand, 
eight  hundred  and  ninety-eight  dollars  and  ninety  cents, 
being  the  amoifnt  of  errors  and  insolvencies  in  the  aa- 
iessment  of  Dallas  county  for  said  year  ;  Provided,  the 
said  John  Moselj'  shall  file  with  the  Comptroller,  the 
proper  (;crtificate  of  the  'Court  of  County  Commissioners 
of  .Dallas  county,  as  now  required  by  law. 
.Approved  December  3,  1863. 


Credit  allowtd 


Prorteo 


No.  189.] 


AN  ACT 


For  tho  relief  of  James  P.  Boggan,  jr. 
Butler  county. 


Tax  Collector  of 


Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives  of  the  State  of  Aldbama  in  General  Assembly 
convened,  That  the  Comptroller  of  Public  Accounts  be, 
and  ho  is  hereby  authorized,  on  his  settlement  with  Jas. 
P.  Boggan,  jr.,  late  tax  collector  for  Butler  county,  for 
the  taxes  of  1862,  to  allow  "credit  for  the  amount  of  his 
insolvent  and  error  list  for  the  taxes  of  that  year  ;  Pro- 
vided, the  same  be  filed  wijh  the  Comptroller,  properly 
certified,  as  now  required  by  law. 

Approved  December  4, 1863. 


No.  190.] 


AN  ACT 


For  the  relief  of  Stephen  Gipson,  of  Lawrence  county. 

Sectiox  1.  Be  it  enacted  hy  the  Senate  and  House  of  Bep- 
resentatives  of  the  State  of  Alabama  in  General  Assembly 
Approfri«tion     convened,  That  the   Comptroller  bo  authorized  and  re- 
quired to  draw  his  warrant  on  the  Treasurer  for  the  sum 
•  of  thirty-t\ro  dollars  and  fifty  cents,  in  favor  of  'Stephen 

Gipson,  to  be  paid  out  of  any  money  in  the  Treasury  not 
otherwise  appropriated. 

Approved  December  30,  1863. 


I  0T»rii»i4   r« 
riinil*)!. 


147  1868. 

No.  191.]  AN  ACT 

For  the  relief  of  Virginia  Mathews,  of  Dallas  county. 

Section  1 .  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alahama  in  General  Assembly 
convened,  That  the  Comptroller  of  publio  accounts  of  tiiCr,* 
State  is  lieroby  required  to  draw  his  warrant  on  the  trca- 
Bury  of  the  State,  in  favor  o^  Virginia  Matho-ws,  as  the 
administratrix  of  Peter  E.  Mathews,  deceagcd,  late  of 
Dallas  county,  for  the  sum  of  two  hundred  and  forty-four 
dollars  and  forty  cents  ($244  40),  being  the  amount  of 
State  taxe«  overpaid  by  her  by  mistake,  on  lands  not  be- 
longing to  estate  of  the  caid  Peter  E.  Mathews. 

Approved  November  25,  1863. 


No.  192.]  AN  ACT  "^ 

For  the  relief  of  thV  hoirs  of  Catharine  Baker. 

Secttox  1.  Be  it  enacted  hy  the  Senate  and  Houi^e  of  Rep- 
resentatives of  the  State  of  Alahama  in  Genercd  Assembly 
convened.  Whereas,  Catharine  Briker,  late  of  Montgomery 
county,  deceased,  by  her  last  will  and  testament,  devised 
to  her  daughter,  Mary  Eliza  Peacock,  of  said  county,  cer- 
tnin  real  estate,  gitnated  near  the  city  of  Montgomery,  to 
her  pole  and  separate  use,  free  from  the  dominion,  debts 
and  liabilities  of  her  |>repent,  and  any  future  husband, 
during  her  natural  life,  and  at  her  death  to  the  issue  of 
her  body  then  living,  and  their  heirs  forever. 

And  Whereas,  the  children  of  the  said  Mary  Eliza  Pca- 
fock.  now  livincr.  to-wit :  William  Williamson.  Jesse  Pea-  r*ar, 
C«K-k,  Cammilla  0.  Edwards,  Mike  Peacock.  M.   C.  Tay-;,",Tjf  .M^r.^ 
lor.  who  are  of  full  age,  and  Sarah    i'eacock   and    F^anuie  of '""■•• 
Peacock,    by   th^'lr  guardian,   aiid   the   said   Mary  Eliza, 
have  solicited  a  fAt  of  the  said  lands  for  distribution,  by 
their  petition  signed  by  them  respectively,  and  for  this 
purpose,  the   i^aid  Mary  Eliza,^  having  given  her  assent, 
and   has  surrendered/  her   life  estate    in    consideration 
of  receiving  therefor,  a  child's  part  in  fe^e  'simple,  which 
has  also  been  assented  to  by  all  of  said  children  and 
guardian. 


rri<iinibi« 


1863.  148 

Sec,  2.  Noio,  there/ore^  be  it  .enacted  hy  .tJve  Senate]  and 

«  House  of  Representatives  of  the  State  of  Alabama  in  Gen- 

Administrator     cval  Assejubly  coiwcned,  Tliat  it  shall  be  lawful  for  the 

m;iy  8011  laud      nclministrutor,  with  the  will  annexed,  of  said  Catharine 

Baker,  to  sell  S9,id  land  at  either  public  or  private  sale, 

for  cash,  or  on  a  credit,  or  part  cash,  and  part  credit,  and 

ip  a  body,  or  in  separate  lots  as  he  may  be  advised  is  beet 

for  the  interest  of  said  parties. 

,  Sbc.  ^.BeUfuditcrtnactcd,  That  within  thirty  days 
Kcport  after  said  sate,  the  said  administrator  shall  report  the 

same  to  the  Probate  Court  of  Montgomery  county,  and 
if  no  objections  be  made  to  said  sale  by  any  of  the  par- 
tics  interested,  within  twenty  days  after  notice  of  the  fil- 
ing of  said  report,  and  the  terms  of  said  sale  shall  be 
complied  with  by  the  purchasers,  the  sale  shall  be  con- 
°^^^^'°'^®*"'"^°  firmed,  and  the  court  shall  order  deeds  of  conveyance  to 
be  made  to  the  purchasers  by  said  administrator,  which 
said  deed  or  dee<ls  shall  convey  to  the  purchaser  all  the 
right,  title,  interest  and  claim  of  the  said  Mary  Elisia 
Pro  iso  Peacock,  and  each  Knd  all  of  her  children  above  named, 

whatever  it  may  be  in  law  or  in, equity.,    Provided,  that 
the  guardian  of  said  infants  shalj  elect  as  to  terras  of  the 
sale  of  their  interest,  and  if  he  elect  to  sell  on  time,  tlien 
•*  the  administrator  shall  in  his  sale  require  such  .part  of 

said  purchase  to  be  on  time,  as  -yvill  equal  the  interest  of 
said  infants,  or  as  much  of  their  interest  as  the  guar,dian 
shall  demand,  to  be  on  time,  secured  by  mortgage  on  the 
premises, .        ,   ,  , 

Sec.  4i.  Be  it  further  enacted,  That  upon  the  confirma- 
piviKion  of  pro-  tion  of  said  wale,  the  said  administrator  with  the  will  an- 
nexed, shall  be  authorized  to  pay  over  to  the  said  Mary 
I'ili;aa  Peacock  Que-eighth  portioii  of  the  nett  proceeds,  and 
tQ  cy,ch  of.h<ir  said  adult  children  one-eighth,  and  to  the 
'  guarclian  of  each,  of.  the  infant  children,  one-eighth  in 

A^         money,  or  in  the  time  notes  as  they  may  demand.     P^ro- 
^ftk        vidcd.  that  this  act  shall  .in  no  wise  interfere  with  the 
1^        rights  of  the  creditors  of  said  estate,  if  there  be  an}*. 
Nor  shall  au}^  sale  take  place  until  the  administrator  of 
,  said  estate  file  his  assent  thereto  in  said  Probate  Court, . 

.Approved  November  21,  1863,  ' 


149  .  1863. 

No.  193.]  AN  ACT  . 

For  the  relief  of  Wiley  Glovor,  of  Calhoun  county. 

Section  1.  Beit  enacted  hy  the  Senate  and  House  of  Rep- 
reMntatives  of  the  State  of  Alcdyama  in  General  Assembly 
convened,  That  the  Secsetary  of  State  is  lioreby  anthor- 
ijjed.  and  it  is  liereby  luade  his  duty  to  raako  title  to 
Wiley  Glover,  of  Calhoun  county,  for  the  followintr  de- 
scribed land,  to-wit :  The  West  half  of  the  North  West 
quarter  of  Section  Sixteen,  in  Township  Fifteen,  rj^ingo 
Bight,  East,  in  Calhoun  county,  Alabama,  all  laws  and 
]>arts  of  laws  to  the  contrary  not  withstanding. 

Approved  December  7,  1863. 


T\\\m.  \n  b»  iv>»(lP 


rrp»roM» 


No  194.]  AN  ACT 

For  the  relief  of  Duncan  Findley,  of  the  county  of  Pike. 

Wheras,  Duncan  Findley,  of  Pike  county.  State  of  Al- 
abama, became  the  surety  of  one  Jacob  Folman,  late  of, 
said  county,  deceased,  for  the  purchase  luoney  for  the 
South  West  quarter  of  North  '  East  quarter  and  North 
half  of  South  East  quarter  of  Section  Sixteen,  Township 
Nine,  Ranj^e  Nineteen,  at  a  public  sale  made  by  the  trus- 
tees of  said  township,  in  accordance  with  law  ;  and  where- 
as, the  said  Duncan  Findlay  liaa  paid  the  whole  of  the 
purchase  money  for  said  lands,  and  the  estate  of  the  said 
Folman  is  insolvent,  and  there  is  no  administration  upon 
the  same,  therefore. 

Section  1.  Be  it  enacted,  hy  tJte  Senate  and  Hoiise  of  Rep- 
resentatives q/"  the  State  of  AJahama  in  General  Ansemhly 
convened^  That  the  Secretary  of  State  be  authorized  andTiUMtoKindiay 
required  to  make  as  full  and  complete  titles  to  the  said 
South  West  quarter  of  North  P^ast  quarter  and  North 
half  of  South  East  quarter  of  Section  Sixteen,  Township 
Nine,  and  Ranj^c  Nineteen,  to  the  said  Dunran  Findlay, 
as  he  would  be' required  to  do,  had  the  said  Findlay  been 
the  original  purchaser  of  said  lands.  Provided,  howev-prerno 
er,  that  this  act  shall  not  affect  the  legal  or  equitable 
rights  of  the  heirs  Or  personal  representatives  of  the  said 
Jacob  Folman. 

Approved  November  27,  1863. 


1863. 


Preumble 


Rcjister  in«y 


KtpcDl 


No.  195.] 


150 

AN  ACT 


•  For  the  relief  of  E.  Shiver,  of  Dale  county. 

Whereas,  on  the  19th  day  of  February,  1856,  Elijah 
Shiver,  of  Dale  county,  entered  at  the  land  office  at  Elba. 
Alabama,  forty-one  37-100  acres  of  the  South  East  quar- 
ter of  the  North  West  quarter  of  Section  No.  3,  in  Town- 
ship No.  3,  of  Ran^e  Twenty-five.  And  whereas,  said 
Elijah  Shiver 'intended  to  enter  forty-one  37-l(H)  acres  of 
the  North  East  quarter  of  the  North  West  quarter  of 
said  section,  township  and  range,  said  Shiver  having  pre- 
viously, to-wit:  on  the  13th  day  of  October,  1855,  enter- 
ed the  South  East  quarter  of  the  North  West  quarter, 
therefore 

Section  1.  Beit  enacted  hy  the  Senate  and  Home  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  Register  and  Receiver  of  the  Land 
office  at  Elba  be,  and  ho  is  hereby  directed  to  change 
said  entry  from  the  South  East  quarter  of  the  North  West 
quarter  to  the  North  East  quarter  of  the  North  West 
quarter  of  said  Section,  Township  and  Range.  Provided 
the  latter  tract  is  vacant  and  subject  to  entry. 

Sec.  2.  Be  it  further  enacted,  That  all  laws  and  partj? 
of  laws  militating  against  this  act  be,  and  the  same  are 
hereby  repealed. 

Approved  November  19,.  1863. 


PfliBved  from 


No.  im.] 


AN  ACT 


For  the  rbli^f  bf  ^Boykiii  Goldsby  and  others. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  TJiat  hereafter,  should  it  become  necessary  for 
James  T.  Reese  and  Boykin  Goldsby,  of  Dallas  county, 
and  Samuel  G .  Hardavray,  of  Montgomery  county,  to  take 
the  oath  against  duelling,  required  by  Section  110  of  the 
Code  of  Alabama,  the  oath  shall  be  confined,  in  point  of 
time  to  the  first  day  of  November,  1 86^.  ,' 

Approved  November  25.,  1863. 


H-l' 


151  1868. 

No.  197.]  AN  ACT 

For   the   relief  of  Edward   P.   Holcombe.   of   Lowndes 

county. 


Section  1.  Be.  it  enacted  by  the  Seimtc  anJ  House,  of  Rfp- 


resentatives  of  the  State  of  Alabama  in  General  Assembly  ^\^^^Z'i^  '^'*'" 


convened,  Th»t  wlionevor  hereafter  it  shiill  become  ne- 
cessary lor  Edward  P.  Uolconibo,  of  Lowndes  county, 
Alabama,  to  take  the  oath  against  duelling  proBcribcd 
by  section  110  of  the  Code  of  Alabama,  such  outh  shall 
be  confined,  in  point  of  time,  to  the  first  day  of  Novem- 
ber, A.  D.,  1863. 

Sec.  2.  Be   it  further  enacted.  That   said    Edward  P. 
Holcombe  be,  and  he  is  hereby   relieved  from  all  the  v\\>\u  Ma.  3089 
pains  and  penalties  of  section  3081^  of  the  Code  of  Ala- 
bama. 

Approved  November  28,  186;?. 


No.  198.]  AN  ACT 

For  the  relief  of  William  A.  Eose. 

PECTioy  1 .  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
reseniaiices  of  the  State  of  Alabama  in  General  Assembly  vnu^tWAr^u  of 
ivmvened,  That  from  and  after  the  passage  of  this  act,  ^*"""- 
William  A.  Rosc,  of  Perry  county,  according  to  the 
boundaries  of  said  county,  is  hereby  declared  to  be  a 
citizen  of  Dallas  county,  so  long  as  he  continues  to  live 
where  he  now  resides. 

Approved  November  25, 1863. 


No  199.]  AN  ACT 

For  the  relief  of  N.  Y.  Alston. 

Section  1.  Be  it  enacted  by  the  Senate  and  Hov^e  of  Hep- 
resentaiives  of  the  State  of  Alabama  in  Genercd  Assembly 
convened,  That  the  county  line  b(^twcen  the  counties  of  J|*''„',"^""" 
Perry  and  Marengo  be  ch:i:  ued  sq  as  to  make  Nathaniel  *""'^'  • 
Y.  Alston  a  citizen  of  M:n\i!uo  county,  and  entitled  to 
all  the  privileges  of  citi/<»ii«hip  therein,  so  long  as  he 
shall  continue  to  reside  at  the  place  whioh  ho  purchased 
from  Mrs.  Talbot. 

Approved  Novembc^r  28,  1863. 


1868. 


MaJo  lluer  WUh 

privilego. 


No.  200.] 


152 

AN  ACT 


For  the  relief  of  L.  R.  Davis,  of  Limestone  county. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  hereafter  L.  R.  Davis,  of  the  county  of 
Limestone,  shall  bo  considered  a  liner  between  the  coun- 
ties of  Limestone  and  Madiaon,  \vith>  all  the  privileges 
and  liabilities  which  attach  to  a  citizen  of  Limestone 
county.  ^ 

Approved  November  30,  1863. 


Uado  eltiisD  of 
P«rry. 


rouilv. 


No.  201.]  AN  ACT 

For  the  relief  of  Lewis  Anderson. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives of  tJie  State  of  Alabama  in  General  Assembly 
convened,  That  the  county  line  between  the  counties  of 
Perry  and  Marengo  be  changed  so  as  to  make  Lewis  An- 
derson a  citizen  of  Ferry  county,  and  entitled  to  aJl  the 
privileges  of  citizenship  therein.  ,  .!    ^ 

Sec.  2.  Be  it  further  enacted,  That  the  slayes,  ^f  the 
said  Lewis  Anderson  shall  be  liable  to  work  on  .public 
roads  in  the  county  of  Perry.  ,  ;> 

Approved  November  30,  1863. 


Xadu  tiitlzsua 


No.  202.] 


AN  ACT 


For  the  relief  of  Sedwine  Dolive  and  Alexander  Dolivo 
of  Baldwin  county. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rej)- 
resentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  Sed%yine  Dolive  and  Alexander  Dolive,  of  ^ 
Baldwin  county  be,  and  they  are  hereby  made  citizens' 
of  the  State  of  Alabama,  entitled  to  all  the  privileges  aa^'. 
such. 

Approved  November  28,  1863. 


163  1868. 

No.  203.}  AN  ACT  '  ^'^^^  -'^^ 

For  the  relief  of  Eliza  Jano  Harri8!,'6f  Raiidolpli  county, 
Alabama. 

Section^!.  Be  if  enacted  hythc  Senate  and  House  qf  Br i' 
rtswtativei  of  the  State  of  JJaliamd  in  General  Asseiubly 
coiivevjid,  Tliat  Eliza  Jano  Harris,  of  Randolph  couuty  "^""  - 
be,  and  she  is  hcroby  relieved  from  all  disabilities  iiiipos 
od  by  law  on  person;?  against  Avhoui  a  divoico  Luk  been 
obtained. 

Approved  December  8,  1863. 


No.  204.]  AN  ACT 

For  the  relief  of  Mrs.  Jane  Kirk,  of  'Maccm  county^ 

Section  1.  Be  it  enacted  by  ttw  Senate  and  House  of  Bep- 

rcsentatives  of  the  State  of  Alabama  in  Oenetcd  Assembly  \ 

wnvened,  That   Mrs.  Jano    Kiri^,  whose  son  volunteered  ilto,-'^otfioM"" 
in  the  military  service  of  the    Confederate  States  from  liuf'-fi';"""'' 
the  State  of  Mississippi,  is  hereby  declared  eutitled  tg 
share  in  the  several  acts  for  the  relict'  of  indigent  fami- 
lies of  soMiers,  as  fullv  xs  if  her  son  had  volynteered  iji 
said  service  from  thia  State.  .  "   '•"'■*  "^  '*''''•'"    ^      ."*''' 

Approved  December  7,  1863. 


No.  205.]  AN  ACT 

For  the  relief  of  T.  B.  BethoaJ  of  Montgomery  county. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Bej> 
reseviatlveji  of  tJw-  State  of  Alabama  in  General  Assembly  y^^J^^^^^^^  ,„ 
convened,  That  T.  B.  Betbea,  of  Montgomery  county,  bo.  U'l^'^i*!.; 
and  he  is  hereby   autliorized  to   sell  nfs  corn,  ■which  he 
purchased  of  A.  P.  Calhoun  in  Marengo  county,  in  any 
market  in  this  State,  any  laws  to  the  contrary  notwitli 
standing. 

Approved  December  8, 1863. 
30 


1863. 


Kclieved  from 
(liaabllity. 


No.  206.] 


1^ 

AN  ACT 


For  the  relief  of  Charles  Irby  Mitchell. 

Section  1 .  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  Charles  Irby  Mitchell,  of  the  county  of 
Mobile,  be,  and  he  is  hereby  released  from  the  disabili- 
ties of  non-age,  so  as  to  authorize  him  to  make  settle- 
ment with,  and  to  receive  from  his  guardian  all  his  pro- 
perty, in  the  same  manner,  and  to  the  same  extent,  as 
though  he  was  of  full  age  ;  and  his  guardian  is  hereby 
authorized  and  fully  empowered  to  settle  with  and.do' 
liver  to  said  Mitchell  all  his  property,  and  the  settlement 
and  receipts  of  the  said  Mitchell  shall  be  as  effectual  as 
if  he  were  of  full  age  ;  and  the  said  Charles  Irby  Mitch- 
ell is  hereby  authorized  to  exercise  all  the  privileges  and 
the  rights  of  an  adult,  except  the  right  to.  vote  ;  and  he 
shall  be  subject  to  all  the  liabilities  and  duties  of  an 
adult,  ijptwithstanding  his  non-age.  • 

Approved  December  5,  1863. 


No.  207.] 


AN  ACT 


For  the  relief  of  Lindsey  C.  Spratling,  of  the  county  of 
Chambers. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  Lindsey  C.  Spratling,  a  minor  of  the 
county  of  Chambers,  be  and  he  is  hereby  authorized  to 
manage  and  transact  all  business  connected  with  his  es- 
tate, and  that  all  contracts  which  he  shall  make  after  the 
passage  of  this  act,  shall  be  as  legal  and  as  full  effect  as 
though  he  were  twenty-one  years  of  age,  and  he  is  here- 
by fully  authorized  to  settle  with  and  receive  4iis  prop- 
Ro(.*ivf  prop»rty  gj.^y  fj.Qjj^  j^jg  guardian,  as  fully  as  though  he  were  twen- 
ty-one years  of  age. 
Approved  November  17,  1863. 


May  iraestet 
buaiuosa. 


Coutri^eta 


155  1863. 

No.  208.3'^'^- .'*'""^''''^'    AN  ACT         '^'^^O'-- 
For  the  relief  of  Algernon  A.  Henderson,  a  Minor. 

Section  1.  Be  it  enacted  hy  tTte  Senate  and  Hovse  of  Rep- 
resentatives  of  the  Staie  of  Alabama,  in  General  AsfiemUy 
convened,  That  Algernon  A.  Henderson,  a  minor,  of  the  i[*J/**'"'^*  •*" 
county  of  Macon,  be  and  he  is  hereb}*  relieved  from  his 
disabilities  as  a  minor,  so  far  as  to  authorize  him  to  re-  ' 
ceive  his  estate  at  the  hands  of  his  guardian,  George  B. 
Slaughter,  and  to  receipt  for  the  same  as  fully  as  he  could 
do,  if  he,  8<vid  minor  were  twenty-one  years  of  age,  and 
upon  such  final  settlement  and  receipt,  the  said  Slaugh- di!I'wKe<i."' 
ter  shall  be  discharged  from  all  further  liability  therefor 
as  guardian. 

Approved  December  7, 1863. 


No.  209.]  AN  ACT 

For  the  Relief  of  James  M.  Calhoun, 

Section  1.  Be  it  enacted  by  the  SenaU  and  House  qfHep- 
re^sentative*  of  the  State  of  Alabama  in   General  Assembly 
convened,  That  upon  the  probate  of  the  will  of  William  ferredTr"m"M«- 
M.  Smythe,late  of  the  county  of  Marengo,  by  James  M.  "■-"C" '"  "»"" 
Calhoun,  the  executor  thereof,  in  the  Probate   Court  of 
Marengo  county,  the  administration  and  settlement  of 
said  estate,  with  all  of  tlhe  property  belonging  thereto, 
be  and  the  same  is  hereby  transferred  and  removed  from 
the  county  of  Marr-ngo  to  the  county  of  Dallas,  and  to  this 
end  the  Judge  of  the  Probate  Court  of  Marengo  county, 
upon  application  of  said  James  M.  Calhoun,  shall  make 
out  and  certify  to  the  Probate  Court  of  Dallas  county,  a 
full  and  complete  transcript  of  all  the  proceedings  of  said  Transeripi 
crmrt  in  rilation  to  the  probate  of  the  will  of  said  Wil- 
liam M.  Smythe,  which   transcript,  ^^ith  all  fees  due  to  t«  p*y  f»M 
the  Judge  of  Probate  of  Marengo  county,  shall  be  paid 
by  the  said  James  M.  Calhoun. 

Sec.  2.  Be  it  further  enacttd,  That  upon  the  filing  of 
said  transcript,  with  the  will  of  said  Wflliara  M.  Smythe,  ro,,r»  or  n«iiM to 
in  the  Probate  Court  of  Dallas  county,  and  the  execution'"*""  '•«""^>^ 
of  the  proper  bond  by  the  said  James  M.  Calhoun,  the 
Probate  Cfourt  of  Dallas  county  shall  give  letters  testa- 
mentnry  to  said  Jaraes  M.  Calhoun,  as  the  (^xecutor  of 


sfvid  William  M.  Smvthe,  and  »hall  become  invepted  wii^h 
as  full  and  complete  jurisdiction  over  the  estate  of  said 
Smythe  ns  if  lio-.liad  died  iu  Dallas  connty,  and  shall  exe- 
cute all  the  provisions  of  the  law  in  j-elation  to  said  estate, 
.  ^  if  Baid  court  had  had  original  juriBdiction  of  the  estate 
aL§a,id  William  M.  Smythe. 
'•^•^■"JfiApprovpd  l)ecember  3,  1803. 


I^«.  210.1  AiS^    AbT 

(^ 
;  ^*;jki>  .,-(|!!g^or;the  rflirf  ol'  Williuui  ;^.  Knox.  u\'  V:\]]:\y  coun'v. 

f  -^     «■-'  ,  vS  '^^    .,*,  ,'   .  ■ 

Section  I.  lit  d  cjuic/m  by  /lie  Seimif  ami  House  oj  iiV^v- 

,  reitenkdwn  of  the  State  o/"  Alabama   in  Q&iKiral  Asacmhhj 

M;/.=Hinot;roi.«.<"'^i'"^"^<'^  That  William  S.  Knox,  of  Dallas  county,  as  the 

prirato  Mie,  *c.  .uiniinii^trator  of  Juniup  B.  King,  late  of  said  county,  ig 

hereby  authorized  and  empowered  to  sell  at  private  sale 

for  cash,  or  on  a  credit.,  in   Qr  out  of  the  State,  ncertai;p 

negro  woman  named  Patsey,  and  lier  infant  child,  the 

:r,rv,5o  property  of- said  estate  ;   Provided,  the  said  William  S. 

Knox  shall  make  due  report  and  return  of  said  sale  to 

the  Probate   Court  having  jurisdiction  of  said  estate, 

within  the  time  now  required  by  law. 

Approved  December  8, 1863. 


.fe.211/ 


k:^  act 


'i'..'  iliviiJp   iirii 
■■.vit)iElttii(Iii) 


Eoi:  thp: relief  OT  the  heirs  of  Hardy  Abne)%  deceasedf 

.    -SECiao^  1.  Beit  cnadcd  hy  flie Seiiati-  and  Houat  of  liep- 
ir.umiatives  of  the  State  of  Alabama  in  Oeneral  Asfn'mmy 
■.vit!.?,inii(ni)H  ,..  coiivmed,  That  it  shall  be  lawful  for  the  Court  of  Probate 
ivi,in«ffliwilV'.  of  Sumter  .county,  on   petition  of  the  heirs'  of  Hardy 
,^j^    ^Abjio.y,  deceased,  to  j^rant  ah  order  to  the  admin istratoi,' 
•    ^  tlic  estate  of  said   Hard}'  Abncj'  to  divide  the  pro- 
perty of  said  decedent,  as, nearly  as  possible  iu  accord- 
ance with  his  Will,  but  setting  aside  tlie  provifiions  of 
irrviv,;  tlio  Will  tliat  th©  property  shall  not  be  divided  duriujg 

<  .»v,),rfi  ►,,,,,,  iKe  widowhood   of  his  late  wife  :    Provided,   the   court 
r4iall  be  satisfied  that  all  the  parties  interested  are  adults 
{\ijd  consent  to  such  division. 
Approved  November  27, 1863.  ' 


m  1863. 

No.  212.]  AN  ACT 

For  tlio  rolief  ut  the  t'statc  ot  Williiuu  '.I\  Smii!),  oi  i'lit- 
ler  coimty. 

Section  1.  Be  if  enacted  by  the  Senate  and  Mon^  <y.  Hc}'^ 
reseniatiucs  of  the  Slat^  of  Alabama  in  Gcrn'ral  Aa^cmhly 
i.on.vened,  Tliixt  upon  Sarah  A.  E.  Smith,  oi'  Butler  county, ,',',', ','^v'rr!,f" 
producing  to  tho  Probate  Court  of  Macon  county  a  bond-"""'.' 
with  sutHciont  surety,  approved  by  said  court,  conditioit 
cd  iaithfuUy  to  exeeuto^  all  and  Kin^ruhir  the  trusts  ap- 
pcrlainiiisr  to  snid  estate  of  WilhaniT.  Smith,  and  to  do 
and  perfoim  wlii'.tover  the  li^w  requires  in  regard  to  the 
■  ■:    'CJiuni.  ;tu<i  i<uttlement  thoreof ;  upon  the  certiiicate 
1  .indite  thai  Buch  bond  has  been  given,  the  adniiu- 
i.siraUuji  of  said  estate,  sliall  be  autl  is  hereby  declared 
transferred  to  the  count  v  of  Macon,  from  the  county  of 
ijutler  ;  Vfcvuled,   that  the  >*aid  Mr?.  Sarah  A.  E.  Smith  .••iiium^ni  m  i>^ 
•siiall  make  a  fiettlement  k^\'  said  estate  with  the  ProbatG  ;"„;;;,,"'  "'"""'' 
Court  of  Butler  county,  previous  to  BUoh  tyanster. 

Approved  N(.v^M>;b(  v  1'.',  18H8. 


No.  I^IS.J  AN  ACT 

For  the  relief  of  the  heirs  and  representatives  of  John 

,,  Section  1.  Jk  /-'  >n<tcuu  oij  lui  oiiwicand  lloasc  of  licp- 

•  f/e.sentcUiv€S  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  claim  of  John  Flood  McG-rew,  an  ae-'^'*?""  "\  '"' 
mgnee  of  Ilardy  Perry,  under  an  act  of  tlio  Congros.s  of 
t,hc  United  States  entitled  ,"  an  act  for  tlv?  relief  of  Ricli- 
i^rd  Crevat,  Ilardy  Perry  and  Bailey  Chancy,"  approved 

,  5ih  day  of  July,  ISoS,  is  hereby  ratified  and  confirraod, 
in  and  to  the  following  land,  to-vit  :  •The  South  "half  of 
Section  twenty-four,  containing  three  liundred  and 
twenty  acres  :  tho  North-East  quarter  of  Section  twonty- 
four.  one  hundred    and   foVty-six    acres  ;  the  South-East 

vpiarter  fi{  thf^  South-East  f(uarter,  Section  Thirteen,  forty 
acres — all  in  t<i-.vi)<liii>  oight;  Range  two,  West.'  Also. 
ilie   X(»rt]i-M'i  lional   quarter   of  Section   thirty. 

Township  oiglo.    i:      -•   '--  W-^t,  rontfiining  one  hun- 
dred and  thirtv-fow  ng  to  a  patent  certifi- 

•cf'    ■         •  '    "*  '    '  r,  andE.  H.  Got-. 


,roh«rmP(1. 


1868. 


158 


ratbnt.  In  issiip 


Claim  to  land 
conflrznod. 


dy,  Receiver,  at  St.  Stephens,  to  representative  of  8ai3 
Hardy  Perry,  dated  February  4,  1840.  And  the  Com- 
missioner of  PubHc  Lands  ie  hereby  required  to  issue  a 
patent  lor  the  same  to  the  heirs  and  representatives  of 
said  John  Flood  McGrew,  assignee  of  Hardy  Perry. 

Sec.  2.  Be  it  furtJier  enacted,  That  the  claim  of  the 
said  McGrew,  as  assignee  of  Richard  Ore  vat,  under  the 
said  act  of  Congress  is  also  recognized  and  confirmed  in 
and  to^  the  following  land,  to-wit :  Fractional  Section 
twenty-seven,  containing  four  hundred  and  sixty  acres  ; 
Fractional  Section  tAventy-eight,  containing  eighty-nine 
and  fifty  one  hundredths  of  acres  ;  the  East  half  of  Norht 
West  quarter  of  Section  twenty-four,  containing  eighty 
acres,  all  in  Township  eight,  Range  two.  West,  according 
to  a  patent  certificate  issued  by  James  Magoffin  and  E. 
H.  Gordy,  Register  and  Receiver  at  St.  Stephens,  Ala- 
bama, dated  4th  February,  1840.  And  the  Commissioner 
of  Public  Lands  is  hereby  authorized  and  required  to 
issue  a  patent  for  the  same  to  the  heirs  and  representa- 
tives of  said  Crevat.  Provided,  that  said  patents  shall 
have  the  same  legal  effect  as  if  this  had  been  issued  upon 
said  certificates  by  the  government  of  the  United  States 
previous  to  the  secession  of  this  State,  but  shall  only  act 
as  against  this  State  as  a  quit  claim. 
,  Sec.  3.  Be  it  further  enacted,  That  the  ^claim  of  the 

Claim  to  location  heirs  and  representatives  of  John  Flood  McGrew,  as- 
signee of  Bailey  Chaney,  to  locate  six  hundred  and  forty 
acres  of  land  in  this  State,  under  the  said  act  of  Con- 
gress, according  to  a  certificate  i$sued  to  said  Bailey 
Chaney,  signed  by  James  Magoffin  and  S.  S.  Houston, 
Register  and  Receiver  at  St.  Stephens,  Alabama,  dated 
i)th  August,  1856,  is  hereby  ratified  and  confirmed.  And 
it  is,  and  shall  be  the  duty  of  the  Register  and  Receiver 
of  the  Land  Office  of  the  proper  district,  when  the  same 
shall  be  located  to  issue  to  the  heirs  and  representatives 
of  said  McGrew,  a  certificate  of  such  location  or  entry, 
which  shall  be  patented  accordingly. 
Approved  November  25, 1863. 


I'Atvnt  \f>  iF8o« 
J'roviBO 


conftrined. 


CerlificRt 
iesue. 


No.  214.]  AN  ACT 

For  the  relief  of  the  estate  of  0.  Mazangc. 

Section  1.  Be  it  enacted  hy  the' Senate  and  House  ofBep 
re^entatives  of  the  State  of  Alahama  in  General  Assenm§ 


169  1863. 

convened,  Thsit  the  administrator  of  the  estate  of  O.  Ma- j,^y  ^^„  ^^^^^^^ 
zange,  deceased,  is  hereby  authorized  to  cause  the  cotton 
belonging  to  said  estate  and  purchased  by  said  Mazange 
previous  to  his  death,  to  be  transported  to  Mobile  or 
other  convenient  market,  and  there  sell  the  same  for  cur- 
rent funds,  including  State  and  Confederate  Treasury 
Xotes  and  Bonds  ;  and  may  employ  brokers  and  commis-^^,  ,„,,,,^,y 
sion  merchants  for  the  purpose  of  hauling  and  disposing  i>rok«rs,  iJ. 
of  said  cotton  ;  and  the  said  bonds,  notes,  or  other  cur- 
rent funds,  received  in  paymont  on  such  sales,  shall  be 
assets  of  the  estate,  and  be  accounted  for  as  such  by  the  a3*ois 
administrator. 

Approved  December  8,  1863. 


No  215.]  AN  ACT 

For  the  relief  of  Samuel  A.  Fitts,  adminiptr;<<nr  -.r  Wil- 
liam Fitts,  deceased. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Bep- 
resentatives  of  the  State  of  ^Alabama  in  General  Assembly 
convened,  That  Samuel  A.  Fitts,  administrator  of  the  es-  ^^^^ 

tate  of  William  Fitts,  deceased,  be,  and  he  is  hereby  au-ii^^uild. 
thorized  to  work  the  property  of  the  estate  of  said  Wil- 
liam Fitts,  deceased,  in  partnership  with  James  Fitts,  on 
the  same  terms  that  said  partnership  existed  during  the 
life  time  of  said  William  Fitts,  deceased  ;  Provided  that  yniiutto. 
said  Samuel  Fitts,  administrator  as  aforesaid,  shall  not 
be  authorized  to  work  the  said  property  as  aforesaid, 
beyond  the  Ist  day  of  January,  1865. 

Approved  December  8,  1863. 


No.  216.]  AN  ACT 

For  the  relief  of  the  heirs  of  Cornelia  Steele,  deceased. 

Section  1 .  Be  it  enacted  hj  Iftc  Senate;  and  House  of  liep- 
reserUaJivcs  cf  tJifi  State  </  Alabama  in  General  Assembly 
convened,  That  the  Court  ol'  Probate  for  th(>  countv  off*"'*- '.'^.f';"'^"" 
Monroe  have  authority  to  take  J 
istration  of  the  estate  of  Corn*  !    .  . 

of  the  county  of  Butler,  to  grant  letters  of  admuubtrAtion 


Id68.  160 


thereon,  and  to  do  and  perform  all  things  neceSSSiydf 
proper  to  canse  the  estate  of  said  decedent  to  bo  settled 
•and  distributed  in  accordanre  with  the  hnvs  of  this  State, 
as  fiilly  and  elTectualiy  as  if  !<aid  docedt^nt  had  been  h 
resideiat  citiseli  of  the  said  county  of  Monroe  at  the  tiih«^ 
of  her  death.  '• 

Approved  December  8, 1863. 


No.  217.]  AN  ACT 


!.l 


<>^ 


'IVuKl  clUllKtMl 


For  the  relief  of  William  M.  Selden,  Tnistee.    ' 

Section  1.  Be  it  enacted  by  tlie  Senate  and  Hoicse  of  Hep- 
resefntatives  of  the  State  of  Alahama  in  General  Assembly 
convened,  That  the  trusteeship  of  William  M.  Seidell, 

rVoin  ciet-Mo  u>  trustee  of  his  wife  Elizabeth  Seldcu,  and  all  the  papers 
^'''"°"  connected  thercTNath,  be  and  is  hereby  removed  from  the 

Chancery  Court  of  the  county  of  Greene,  to  the  Chan- 
cery Court  of  the  county  of  Marengo,  and  that  the  jurLs- 
diction  of  the  Chancery  Court  of  the  county  of  G-r^ene 
over  said  trust  be,  and  th^  same  is  hereby  divested,  and 
the  Chancery  Court  of  the  county  of  Marengo  be,  and  i^< 
hereby  fully  vested  witli  jurisdiction  over  the  same,  pn>- 

ivavisj  vided  the  securities  of  the  said  William  M.  Selden.  as 

truHtoe  as  aforesaid,  sic^nify  their  ;issont  in  writing"  to  such 

removal.  -t) 

Anpi-ovcl  Dcn'onibcn-  7.  18h;5.  '•il 

,rf 

No.  218.]  AN  ACT 

.  .Foi*  the  relief  of  A.  S.  Toler,  administrator,  and  Susan 
J.  Pool  administratrix  of  R.  R.  Pool,  deceased. 

Section  1.  Be  it  enacted  by  the  Senate  and  Hotuse  of  Rep-, 
resentatives  of  the  State  of  Alabama  in  General  Assemmj 
f»Z^^\u^'!!\l'i^*^^^^'^'^'^^^^  That  A.  S.  Toler,  administrator,  and  Susan  J. 
Pool,  administratrix  of  the  esti^te  of  R.  R.  Pool,  deceased, 
late  of  Perry  county,  Alabama,'  be  and  they. are  herehv 
authorized  for  the  space  of  three  years  to  hire  as  maUy 
negroes  as  may  bo  necessary  to  cultivatf^  tht^^  l-And^l^ 
longing  to  said  estate.  •        "  ■    » 

Approved  December  8, 1863. 


161  IMft. 

No.  219.]  AN  ACT  ' 

« 

For  the  relief  oi  Berry  Driver,  of  the  comity  of  Cham- 
bers. 

Sbction  1.  Be  it  enacted  by  the  Senate  and  House  of  Bi}>- 
res&daiives  of  the  State  of  Akihavia  in  General,  Assembly 
convened,  That  the  State  of  Alabama  hereby  release  to  ,':'*^i'il^,  •!"^r  '"" 
berry  Unvor,  ot  the  county  oi  Chambers,  all  rij^ht 
wliich  the  State  has  to  escheat  the  Soutli-East  quarter 
of  Section  thirty-six  in  Townshi])  t\venty-thr(^o  and  of 
Range  twenty-six,  lying  and  being  situate  in  the 
of  Chaiubers,  heretofore  sold  i\nd   deeded  by  Al(  i 

Bell  and  Margaret   Bell  to  said  Berry   Driver,  tiie  "Hairt 
Alexander  Bell  and  Margaret  Bell  being  wlicMis. 

Approred  December  3,  1863. 


No.  220.]  AN  ACT 

To  encourage  and  promote  the  manufacturing  of  Lubri- 
cating Oil. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convtiwd.  That  John  Darbv,  of  the  county  of  Macon,  and  ikh.v  miu  si.»i 
James  T.  Slielton,  of  Mol)iie  county,  be  allowed  to  manu- ^XrKi^^.ui'. 
facture  alcohol  from  grain,  for  the  purpose  of  converting '•"'I'jrpoii.^ 
rosin  oil  into  a  lubricating  oil  for  the  use  of  railroads, 
mills  and  factories,  also  an   illuminating  oil  for  making  . 
ether,  chloroform  and  fulminating  mercury  "  for  mauu- 
tacture  of  pr  md  common  laboratory  U8e§ 

in  hifl  otr^  l;i 

Sec.  2.  Be  it  further  enacted,  That  tlie  said  John  Dar- 
by and  James  T.  Sheiton  bo  required  on  oath  to  swear 
that  they  will  not  make  alcohol  for  any  other  purposes. r.'lui!V"j'/"''' 
nor  will  they  sell  or  give  it  to  others,  that  they  also  be 
required  to  give  a  bond,  with  two  securities,  in  the  sum 
of  two  tliouaand  Hollars,  which  siiall  be  forfeited  and 
paid  if  the  above  permission  is  violated. 

Approved  December  7,  1863. 


21 


1868. 


162 


No.  221.] 


AN  ACT 


CommUslouors 

may  I'stuVilioli 
workj». 


May  sell  fi.M 


To  authorize  the  Commissioners'  Court  of  Clarke  county 
to  make  Salt,  &:c. 

Section  1,  Be  it  enacted  hy  iJie.  Sniatc  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  AssemUy 
convened.  TJiat  the  authority  taken  by  the  Commission- 
ers" Court  of  Clarke  county,  in  establishing;  county  salt 
works  for  the  purpose  of  supplying  the  families  of  sol- 
diers and  indij::ent  lamilies  of  said  county  with  salt,  is 
hereby  legalized.  . "  "^ 

Sec.  2.  Be  it  further  enacted,  That  said  Commission-' 
crs'  Court  is  heroin  authorized  to  sell  enough  of  the  salt 
made  at  said  Salt  Works,  at  the  usual  market  price  at 
the  time  Avhen  said  sales  may  be  made,  without  limita- 
tion or  restricti(m,  to  pay  for  the  costs,  charge?  and  ex- 
penses of  carrying  on  said  works,  and  to  pay  hack  to  the 
county  the  funds  expended  by  the  Commissioners'  Court 
in  its  establishment  ;  Provided,  that  nothing  in  this  act 
shall  be  construed  to  authorize  or  conflict  Aviththo  rights, 
of  lessees  of  the  State,  or  with  the  State  salt  works. 

Approved  November  27,  18r>:'>. 


.^t 


No.  222.] 


AN  ACT 


To  repeal  "  an  act  to  authorize  Justices  of  the  Peace 
to  appoint  Overseers  of  Roads  and  for  other  pnrjxvses 
in  the  countv  of  Coosa." 


Kopcal  afacl  ol' 


.  Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentative.s  of  ihe  State  of  Alahama,  in  General  j^.'membly 
convened,  That  aft-  act  entitled  "an  act  to  authorize  Jus- 
tices of  the  Peace  to  appoint  overseers  of  roads  and  for 
other  purposes  in  the  county  of  Coosa,''  approved  2r)th 
February,  I860,  be  and  the  same  i«  hOreby  repealed. 
Approved  November  19.  1863. 


163  1863. 

No.  223.]  AN  ACT 

Ti>  ropi'ul  an  act  therein  named   relating;  to  the  county 
of  Coffee. 

Section  1.  Br  it.  riHiHeJ  In/  the  S(?))ate  and  House  of  llep- 
lesrntativcs  of  the  Si  ate  of  Alabama  in  General  Assembly 
convened,  That  so  much  of  an  act  entitled  "an  act  to  |'^''f![«"'' '"■' "f 
projride  for  the  paying-  of  grnnd  and  petit  jurors  for  the 
cduniy  of  Coffee,"  approved  December  12,  1853,  as  au- 
thorizes a  county  tax  of  four  doHars  upon  fruits  decided 
in  the  courts  of  said  county,  be  aad  the  same  is  hereby 
repealed,  and  hereafter  said  tax  shall  bo  two  dollarB,  and 
no  more. 
^Approved  November  17,  1863. 


No.  224.1  AN  ACT 

To  author!/ 1  l',.  .!.  S.  Hnys  to  erect  si  mill  <l;ini  aoross 
the  Black  Warrior  river  at  the  Hyhe  Shoals  in 
Walker  county. 

.  Section  1.  Be  H  enacted  by  thf.  Senate  and  Home  of  Bep- 
rr^^entatives  of  the  Sfa,tc  of  Alabama  in  (reneral  Aftsembfy  \\^, ,,, 
eonvened.  That  Dr.  J.  S.  Hays,  of  Walkor  county,  be  and 
lie  is  hereby  authoriy.pd  to  erect  a  mill  dam  not  exceed- 
ing: four  feet  hi;::h.  across  the  Black  Warrior  river  in 
Walker  county,  at  the  Hycln^  Shoals  in  said  river,  an}' 
law,  custom  or  usage  to  the  contrary  notwithstanding. 
Approved  November  17,  1863. 


No.  22$,]  .  AN  ACT 

To  anthorisse  A.  T.  Kanady  to  erect  a  fish  trap  in  a  por- 
tion of  the  Coosa  River. 

V  1.  Be.  it  enacted  In/  the  Senate  and  Uovse  (>/  Befh 
rrt'  ■  H  of  the  Stale  of  Alolxfma  in   General  Assembly  vtrrttyt  unj>f 

convened.  That  .'.'T.  Kanady.  of  the  county  of  Coo.ia, 
be  ami  he  is  hereby  authori/.ed  to  erect  a  ii^h  trap  (t 
traps  in  the  Coosa  river,  between  the  mouth  of  Paint 
Creek  and  Long  Iiilnnd,  on  the  east  »ide  of  mdd  riYer.  • 


1863. 


Not  10  obstruct 


1^ 

any  law  usage  or  custom  to  the  contrary  notwithstand- 
ing. Provided,  tlic  navigation  of  said  river  for  flat 
boats  shall  not  be  obstructed  thereby.  .^  •'  iH 

AppVoved  NoYomber  17,  1863. 


(i(nr.o:ilifili!»he(l 


kiciimbdit  con 
,linuP8  for  term. 


No.  226.] 


AN  ACT 


To  abolish  the  office  of  Public  Accounts  in  the  county  of 
l>  Mobile. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  JRep- 
rese,nt<itives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  office  of  Auditor  of  public  accounts 
in  the  county  of  Mobile,  created  by  an  act  approved  9th 
day  of  February,  1852,  be  and  the  same  is  hereby  aboK 
ished  from  and  after  the  first  Monday  of  August,  1864. 

Sec.  2.  Be  it  further  enacted,  That  the  present  in- 
cumbent may  continue  in  offite  until  the  expiration  of 
liis  present  term,  the  first  day  of  Aujj^ust,  1864. 

Sec.  8.  Be  it  further  enacted,  That  all  laws  contraven- 
ing tlie  provisions  of  thisiict,-b6  and  the  same  are  here- 
by repealed.       .      *  '  .  -  ■       ' 

Approved  November  17,  1863. 


No.  227.] 


AN  ACT 


To  authorize  Franklin  C.  Pinkston  to  erect  a  gate  across 
.    the  "  Ray  Road  "  in  Montgomer}'' county; - 

Section  1 .  Be  it  enacted  by  the  Senate  atvd,  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
May  oroct  gats  conveued.  That  Franklin  C.  Pinkston,  of  the  county  of 
Montgomery  be,  and  he  is  hereby  authorized  to  erect  a 
gate  across  tht5  "  Ray  Road,"  in  Montgomery  county, 
where  said  road  runs  through  his  land. 

Approved  November  25,  1863. 


166  1863. 

No.  228.]  AN  ACT 

To  repeal   an  act  entitled  "  An  Act  to  re,!::;ulate  the  num- 
If       ber  of  Grand  Jurors  in  the  county  oi'  Marion." 

f 

Section  1.  Be  it  enacted  In/  the  Senate  and  Hovse  of  licp- 
resentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  an  act  entitled  "An  Act  to  regulate  thel^X^'*'"^'"""'^ 
number  of  grand  jurors  in  the  county  of  Marion,"  ap- 
proved February  2d,  1856,  be  and  the  same  is  hereby 
repealed. 

Approved  November  17,  1863. 


No.  220.]  AN  ACT 

To  authorize  John  S.  Moragu'^   and  RufuR  B.   Rhea  to 
Ijuild  a  bridge  across  IJig  Wills'  Creek. 

Section  1.  Be  it  enaded  hi/  the  Senate  and  House  of  Rep- 
rcsemtaUves  of  ihr  State  ni'  AJnfiomn  in   General.  AsscmUy  ^^^  ^^^^^  i^^^^i  ^ 
convened^  That  John  S.  Morii^ue  and   Riifus  B.  Rhea  are 
hereby  authorivsed  to  erfct  a  toll  bridge  across  Big  Wills^ 
Creek,  at   the  said  J.   S.  Moragno'K  niills,  on   said  creek, 
in  DeKalb  county,  or  at  or  near  the  old  Hampton  lord,  as  now  i>ou 
they  may  determine.   They  arc  to  hold  and  own  the  same 
as  tenants  in  common  to  themselves,  their  heirs  and  as- 
Rigns,  and  are  authorized  to  demand  and  receive  from 
persons  crossing  on  said  bridge  such  tall  as  the  Court  of  '*^'^'^*  * 
Count}'  Commissioners  of  DoKalb  county  may  from  time 
to  time  assess;  Provided,  however,  this  grant  shall  not       . 
preclude  the  building  of  a  free  public  bridge  across  said 
creek,  at  any  time  and  witl^  any  distance  of  said  bridge. 

Approved  November  25,  1863. 


No.  230.]  AN  ACT     - 

To  re))eal  an  act  therein  named. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  Bey 
resenta''  "  I  lie  StaAt  of    "  '        tin  Gtneral  -t 

conveji'  ,    the   act  cu  an  act   to   u.  i'*^'*"' 

JueticoB  of  the  Peace  to  appoint  apportioners  of  roadi 


r  IHfQ  rt 


1863.  166 


in  Pickens  county,  and  for  other  purposes,''  approved 
February  15,  186.0,  be  and  the  same  is  hcrebj  repealed. 

Sec.  2.  Be.  ii  further  enacted,  That  all  the  proviesionii 
of  chapter  14,  article  1,  of  the  Code  upon  the  subject  of 
public. roads,  which  were  repealed  bj  the  act  aforesaid, 
be  and  the  same  are  hereby  revived  and  restored  to  full 
force  and  effect  in  the  county  of  Pickens. 

Approved  November  17,  1863. 


No.  231.]  AN  ACT 

To  regulate   the  number  and  pay  of  Grand  and  Petit 
Jurors  in  the  county  of  Walker. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Bep^ 
resentaiivei  of  the  State  of  Alabama  in  General  AssemNy 
orBDrijurj-  of  convejicd,  That  from  and  after  the  passage  of  this  act 
the  Grand  Jury  in  the  county  of  Walker  sshall  consist  of 
tiftc.en,  and  no  more.  Also  there  shall  be  but  one  Petit 
Jury  of  twelve,  with  the  right  of  the  Sheriff  to  fill  all 
vacancies  which  may  occur  in  said  Jury,  and  he  may,  if 
necessary,  empannel  another  Jury  from  the  bystanders 
present. 

Slfc.  2.  Be  \i  fiwther  enavied,  That  the   albresaid  JU'- 

r  iiviin-i  jnikriKP  ^"ors  shall  be   entitled  to  two  dollars  and  fifty  cents  per 

day  and  five  cents  per  mile  going  to  and  returning  from 

the  court  house  on  the  most  direct  route  of  travel,  out 

of  any  money  in  the  county  treasury  not  otherwise  Rp^ 

propriated.  ,  ,        > 

Sec.  3.  Beit  further  enacted,  That  all  laws  artid  parts 

R»p«8i  of  laws  contravening  the  provisions  of  this  act,  be  and 

the  same  are  hereby  repeale^. 

Approved  November  27,  1863. 


Odfiwn. 


One  jiotit  Jnrr 


No.  232.]  »       AN  ACT 

To  repeal  a  certain  local  act  for  Cherokee  county,  there- 
in named. 

Section  1.  Be  it  enacted  by  the  Seriate  and  Home  of  Hep- 
i«t  ^  isci  ,o'-  I'^^ntoiives  of  ihe  State  of  Atahamxi  in  General  Assembly 
pcniiod.        °    convened,  That  Act  No.  201,  of  the  regular  session  of  the 


16T  186&. 

General  Asaemblv  in  1861,  entitled  "An  Act  to  author- 
ize the  CommiBsionor*'  Court  oi'  Cherokee  to  l^vy  a  spe- 
cial tax,  <fec.,"  approved  Deoenib(*i-  7th,  18H1,  be  and  the 
same  is  hereby  repealed. 

Approved  November  27,  lS(i:>. 


No.  233.]  AN  ACT 

Authori/.inj;'  the  Commis»ioners'  Court  of  Dale  county  (o 
pay  a  certain  claim. 

Sectiox  1.  Be  if  euacfcd  by  the  Srnafr  and  Jioa.'ic  of  Rep- 
iCJi^Uatives  of  the  State  of  AhdKuna  in  General  Assembly 
convened,  That  the  County  ConmiissiiMiors  oi"  Dale  county  luy  ,,»>•  uootor 
are  hereby  authorized  to  pay  Dr.  James  Bottoms  such^'"""'* 
compensation  as  they  may  deem  proper  for  services  ren- 
dered to  the  indii^ent  Vamilies  of  Dale  county,  afflicted 
with  small  pox,  out  of  any  county  funds  not  otherwiso 
appropriated. 

Sec.  2.  Be  U  further  enacted,  That  in  the  event  of 
there  beinji' no  surplus  fund  in  the  county  treasury,  the  ^^.y  ,evy  ux  oi 
Con}mis.<ionerR'  Court  shall  be,  and  they  are  hereby  an-  »'■■"  i""^ ««°' 
thorized  and  empowered  to  levy  and  have  collected  a  tax 
not  exceeding  ten  per  cent,  on  the  State  tax  foi-  the  pay- 
ment of  said  claim,  when  clearly  established  to  the  Batis* 
faction  of  said  Commissioners' Court. 

Sec.  3.  Be  itfurihrr  (-nacted,  Thnt  all  laws  and  parta  of  ^{^pj^] 
law«  militating-  against  this  act  be  and  the  same  are  here- 
by repealed. 

Approved  Xov*»mber  27,  1868. 


No.  2»4.]  AN  ACT 

To  amend  Slm  tions  430,  431  and  432  of  the  C<»de.  m.-i  tn 
Shelby  count  v. 

EJECTION  1 .  Be  if  enacted  ho  the  iSenat^  and  House  of  Rep- 
resentatives of  the  State  of'  Alt d>a  ma  in  General  Assembly 
(fynvefird    That  Soption^  4:UK  lot  mid  432  of  the  Code  of^*;j;,7;if.  J^f^*' 
A'  1  iiJ!   lo  Shcll»y  county,  tiiat   fr<nn  k 

h;  .      _  of  this  act.    the    tax  aafssnrs  for 

•aid  county  shall  pive  aoti<-e  by  advertiseuunr.  j)o*ted 


1868.  109 

xotioa  re<iuiroa   ^p  ut  tliroe  oi"  moro  public  place*  iu  each  precinct,  of 

the  time  giud  place  of  meeting  the  tax  payers  of  said 

beats  at  least  ten  days  before  the  time  of  meeting  them. 

Sec.  2.  Be  it  fvrther  enacted,  That  the  assessor  shall 

:'^-'?*v'"  '"'""•' meet  the  tax   payoi-f^  of  eacli  precinct  in  said  county  at 

[>MoO,dlU  .  Tl'l  -1111  1  1 

least  twice,  and  his  last  meeting  shall  be  at  least  ten  days 
before  the  Ist  day  of  July. 

Sec.  3.  Be  it  fnrthcr  enacted,  That  each  tax  payer  wlio 

onwiiur*  of  tax  shall  fail  to  meet  said  assessor  and  furnish  him  witii   a 

do«*i»tax  list  of  his  taxable  property  and  elTcots,  or  in  sonic  other 

.  way  furnish  said  assessor  with  such  list  by-  the  Ist  day 

of  July,  shall  be  double  taxed. 

Sec.  4.  Be  it  '/'tirther  enacted,  That  the    tax   assessor 
A58«.-or  i.  .,.ai.«  gi^^ll  as  soon  after  the  1st' day  of  July,  as  may  be,  from  ' 
the  best  information  \vithin  his  reach,  assess  double  tax 
upon  each  tax  payer  avIio  shall  have  failed  to  furnish  a 
list  of  his  taxable  property,  as  by  this  act  required  ;  Fro- 
I'loviao  vided  the  tax  paver  is  not  a  soldier  or  the  widow  of  a 

soldier. 

Sec.  5.  Be  it  further  enacted,  That  if  in  any  case  a  tax 
comnitMioinr '   P^J^^'  '^'^^^o  may  have  been  double  taxed,  who  shall  have 
court  .ra»y  remit  a  good  Gxcusc  for  haviug  failed  to  furnish  to  the  assessor 
untoouejeuso    ,:^  jjgj.  as  heroiu  required,  to  be  determined  of  by  the 
Commissioners'  Court,  may  by  the  first  Monday  of  Sep- 
tember, after  such-  assessment,  submit  his  excuse  to  said 
Commissioners'  Court,  and  if  said  excuse  bo  de(?mod  by 
said  court  sufficient,  said  court  may  remit  the  excess  so' 
assessed,  and  make  the  proper  allowance. 
Approved  November  28,  1863. 


No.  235.]  AN  ACT 

To  authorize  the  formation  of  volunteer   companies  in 
the  tirst,  second  and  third  Congressional  Districts. 

Sectiox  1.  Be  it  enacted  hy  the  Senate  a/nd  House  of  Hep-' 
resentatives  of  the  State  of  Alabama  in  General  Assembly 
aXohzid T.' '"'*  ^"^*"'^"^^'  That  the  persons  composing  class  number  one, 
form  com>>aiii«*  as  defined  in  the  third  section  of  an  act  entitled  "  an  iact 
to  reorganize  the  Militia  of  the  State  of  Alabama,"  ap- 
proved 29tli  of  August,  1863,  residing  in  the  first,  second, 
and  third  Congressional  Districts,  and  ;  who  are  by  the 
provisions  of  said  act  exempt  from  the  operations  of 
said  act,  bo  and  said  persons  are  hereby  authorized  to 


169  1868. 

foiiu  theuwelves  into  oue  or  more  companies  iu  their 
respective  counties  ;  such  companies  to  he>  composoci  ol 
not  less  than  thirty  nor  more  than  sixty  rcintc  and  lik''< 
mid  entitled  to  the  commissioned  office).-  now  allowoil 
by  the  provisions  of  said  act. 

Sec.  2.  Be  H  further  c«ac/«/,Tliat  upon  tlie  formation 
of  such    companies  they  shall  organize  by  the  election  ir,^,,i.,„  „„,  .,,, 
of  the  co|nmissioued  oflicers  to  which  the  company  mav  iw'inwni  «>' 
be  entitled,  and   the  appointment  of  non-(»ommi!«sioned"""'' 
officers  as  follows :  If  the  company  shall   numlier  fort}* 
or  more,  there  shall  be  lour  sergeants  and  four  corporals, 
if  less  tlian   forty,  three  sergeants  and  three  corporals. 
And  such   company   shall    return    a   muster  roll  of  the  M.is-rr .  h 
same  to  the  county  commandant  or  special  aid  for  said 
county,  together  with  a  statement  of  the  number  and  de- 
scription of  such  arms  as  the  company  can  furnish,  a 
copy  of  which  roll  and  statement  shall  be  forwarded  to  ,„;„,s,,u,,„ 
the  Governor  by  such  county  commandant  or  special  aid.  ^^"voruor. 

Sec.  3.  Be  it  further  enacted,  That  A^^henever  such  com- 
panies have  been  forwarded  and  reported  as  provided  c,u„„na.,(,„b 
by  the  preceding  sections  of  this  act,  such  company  or  >•••'"  f'''''" 
companies  shall  be  subject  to  the  provisions  of  the  act  to  ""* 
re-organize  the  militia,  which  are  applicable  to  the  first 
class,  or  county  reserves,  defined  by  said  act,  and  sluUl 
be  entitled  to  receive  arms  and  ammunition,  as  provided  mhj- .eceiv.Miau^ 
by  said  act  :  Pwvided,  such  companies  shall  not  be  re-  i.n,vis*)         '• 
quired  to  discharge  any  militia  duty  beyond  the  limits 
of  the  county  in  which  such  companies  are  organized. 

Sec.  4.  Be  U  further  enacted,  Tliat  if  in  any  one  crniii- 
i\  there  shall, be  organized  as  many  as  three  companies 
under  the  provisions  of  this  act,  such  companies  may 
form  til  '  lit)  a  battalion,  lor  county  service,  and 

elect  s  s  are  required  for  a  battalion  by  -tin' 

laws  of  tins  Stai*'. 

Approved  December  4,  1868. 


BattalKNis  (niiii.'.l 


No.  -.)<•. J  AN  ACT 

To  enabh-  the  treasurer  of  the  county  of  C;dhoun  to  pay 
anrplus  funds  in  his  hands  to  purposes  thirein  narm  d. 

SErn.iN    1     l^r  U  enacted hj  the  Scnairn^nl  T I. ^..^ *  .•a^<» 

Tf^  laic,  of  AJ<iba7na    iu  '  •m-imU 

OfHunro.,  iijii  i  n 'Ui  and  after  tlj     i        .  ;••  oi  ini?:  ii.  i   .ui 
22 


1863.  170 

nnei,  bo.,  to    surplus  funds  iu  the  hands  of  the  treasurer  of  the  county 
aoditof  couBty  of  CalhouH,  now  aud  hereafter  arising  from  fines  and  for- 
feitures in  the  Circuit  Courts  thereot,  be  passed  over  to 
the  credit  of  all  ordinary  county  claims.  ■ ' 
Approved  December  3,  1863. 


$ro.  237.]  AN  ACT 

To  divide  the  county  of  Tuscaloosa  into  four  Commission- 
ers' DlBtricts. 

Section  1 .  Be  it  aiacted  hy  the  Senate  and  House  of  Rep^i 
resentatives  of  the  State  of  Alabama  in  General  AssemU^ 
cwuiuiisBioucM'    convened ^Th^t  the  Court  of  County  Commissioners  for 
districta.  ^}^q  eounty  of  Tuscaloosa,  shall  at  their  first  regular  meet- 

ing, in  the  year  1864,  or  as  soon  thereafter  as  practica- 
ble, divide  the  said  county  into  four  Commissioners'  Di- 
tricts.  to  be  numbered  from  one  to  four.  ^ 

Sec.  2.  Be  it  further  enacted.  That  in  all  elei^tion^i  lor 
EioctioB  lui-  McJk  County  CommisHioners  in  said  county,  after  the  same  has 
district  been  so  divided  into  districts,  there  shall  be  a  commis- 

sioner chosen  for  each  district,  who  shall  reside  in  tho 
district  for  which  he  is  chosen,  but  to  be  elected  by  a 
general  vote  of  the  county.    The  candidate  for  each  dia- 
r  .     trict  receiving  the  highest  vote  in  the  county,  shall  be- 

ProTiso  the  commissioner  for  such  district :  Provided,  that  noth- 

ing in  this  act  shall  be  so  construed  as  to  prevent  any 
commissioner  now  in  office  from  holding  the  office  dur- 
ing the  time  for  which  he  was  elected,  and  that  all  laws 
conilicting  with  this  act  be,  and  the  same  are  repealed. 
Approved  December  3,  1863. 


No.  238.3  AN  ACT 

For  the  establishment  of  an  additional  Ferry  on  the  Ala- 
bama River,  near  the  city  of  Montgcfmery. 

Section  1,  Be  it  enacted  by  the  Senuie  and  House  of  Hep- 
resenjtatives  of  the  State  of  Alabama  in  General  Assembly 
rWsoiisaothfetiz-conve^ifff?,  That  James  Porter,  Boiling  Hall,  A.  L.  Chvpp, 
ed  toogtttbiiiij     ^^^  Q^  j^  Clapp,  and  their  assigns  be,  and  they  are  here- 
by authorized  to  establish  a  public  ferry  on  the  Alabama 


171  1863. 

river,  near  the  city  of  Montgomery,  at  some  point  above 
the  Fair  Groimds,  and  within  one-fourth  of  a  mile  of  the 
steam  Baw-mill  of  W.  S.  Pierce  &  Co. 

Sec.  2.  Be  it  further  enacted,  That  said  ferry  be  estab- 
lished and  kept  up,  upou  and  vuidcr  the  same  terms  and^'*"'"'»rrii' ■bi'^ 
conditions  as  are  proscribed  in  Article  15,  Chapter  14. 
Title  13,  and  pa»<  First,  of  the  Code  of  Alabama,  except  ,j^ 

tiiat  the  license  hereby  granted  to  establish  said  ferry 
may  be  revoked  or  repealed  by  the  Gener<d  Assembly  of  LubioK^mreai 
this  State  at  any  future  session  thereof. 

Approved  December  3,  1863. 


No.  239.]  AN  ACT  .  % 

To  repeal  au  act  to  compensate  Jurors  and  Witnesses  in 
Monroe  county,  approved  January  5th,  1848. 

Skotion  I.  B(  ,it  enacied  by  the  Senate  and  ffoysc  of  Rep- 
re^ntcUivefi  of  the  Stale  of  Alabama  in  General  A'^-semhly  ^  ^  ^^ 
convened.  That,  an  act  entitled  "  An  A<^t  to  compensate  jvni-i 
jurors  and    witnesses  in  Monroe  c(Mmty.*'  ap})roved  Jan- 
uary  5lh.  1848.  be,  and   the  sauu'   is  hereby   repealed  : 
Proindcd,  tiiat  the  county   treasurer  of  said  county  of 
Monroe  shall  attend  c^t  each  and  every  term  of  tlie  Cir-rro,w 
cuit  Court  tor  said  county,  for  the  |)urpose  of  paying  off 
such  jurors  and  witnesses  as  niav  bf»  entitled  to  bo  paid 
at  each  term  of  said  court. 

Approved  Decemlier  4,  1863. 


AH  of  m^  y- 


No.  240.]  AN  ACT 

To  authori/c  the   Court  of  County   Commismoners  of 
Walker  county  to  levy  a  tax  for  county  purposes. 

S  \.  Be  it  rvorUd  hy  Die  Senate  aiuf  Home  of  Hep- 

re*'  ^  if  the  Sfat^  of  Alabama  in  General  Assembly 

eonvmtd,  That  the  Commissioners  of  Roads  and  Revenue  a^„„s  „f  tn^.n^c 
»"  the  county  of  Walker  shall   have   no  power  Iq  levy 

re  than  one  hundred  per  cent,  on  the  State  tax  for 
ciiunty  purpoges  in  one  year,  any  law  tq  the  contvary 
notwithstanding. 

Approved  December  3.  1863, 


jSlpit  11)11  for  { 
inissioufi'F. 


1863.  17^ 

No.  241.]  AN  ACT  

To  regulate  the  election  of  Commissioner?;  of  Roads  and 
_^   ',  Bevenne  in  the  comitv  of  Marion. 

.   ■•        ■  ». 

■'  Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assewhly 
convened,  That  hereafter  in  all  elections  for  commission- 
ers of  Roads  and  Revenue  in  the  county  of  Marion,  it 
shall  he  the  duty  of  the  Sheriff  of  said  county  to  hold 
an  election  in  each  commissioners'  district'of  said  conn tj'i 
for  the  purpose  of  electing  one  commissioner  for  said 
county  in  each  of  said  districts. 

TiHc  in  riiMrioi  Sec.  2.  Bc  it  further  enacted,  That  in  the  elections 
above  specified,  no  person  shall  be  entitled  to  vote  out 
of  the  district  of  his  residence. 

TrriBs  Sec'  3.  Be  it  ftirthcr  enacted,  That  said  commissioners 

i^hall  hold  their  terms  of  office  as  now  prescribed  by  law, 
and  shall   have  po^^er,  and  it  is  their  duty  acting  as  a 

fii^d"*"^  ""  court  wil»h  the  Probate  Judge,  to  fill  all  vacancies  in  the 
court  by  appointment,  from  the  district  in  which  the 
retiring  commissioner  lived  when  the  vacancy  occurred. 

wumi.cntt!  con-     Sec.  4.  Be  if*  ftcvther  enocted,  That  nothing  in  this  act 

''""»•  shall  be  so  construed  as  to  prevent  the  present  incum- 

bents from  serving  out  the  terra  for  which  they  were 
elected. 

Apprm-e'l  DoivMTiber  8,  ISii'd. 


No.  242.]  AN  ACT 

To  ropeaV 9,  Iptjal  laisv,  therein  named  in  Jeiferson.  county. 

Section  1.  Be  it  enacted  hy  tJie  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  Gefieral  Assernbly 
.Cmw'imont  m"  Convened,  That  from  and  after  the  passage  of  this  act,  an 
act  entitled  "  An  Act  to  regulate  the  sale  of  spirituous 
liquors  in  the  town  of  Ely  ton,"  approved  16th  Decem- 
ber,. 1851,  and  the  amendment  thereto,  bo  and  the  same 
are  hereby  repealed. 

Approved  December  4,  1863; 


Act-of  1851  anrl 

tlK^llfl 


173  1803. 


No.  243.]  •  AN  ACT 

To  amend  an  art  <?ntitlcd  "  An  Act  t<'  rriulor  more  effi- 
cient the  system  of  Public  School?*  in  the  8tate  of  Ala- 
bama, so  far  as  relates  to  Snmtcr  cmnity.'' 

Section  1.  Br  it  enacted  hy  the  Sciiatr  <ind  Uovsr  of  Hcp- 
rejventatives  of  the  State  of  Akihama  in  dcnemi  J.'^seinlily  _  , 
ronreyied,  That  hereafter  all  teachers  m  Mimter  eonntyfr»;rt.'<,. 
who  hnve  been  examined  by  the  county  superintendent 
of  public  schoolf*  of  the  county,  and  been  duly  licensed 
by  .such  superintendent  to  teach  a  public  school,  shall  be 
entitled  to  draw  and  receive  a  proportionate  part  of  the 
school  fund  of  the  township  in  which  any  person  »o  li- 
censed shall  te.n'h,  any  law  or  usapo  to  the  contrary  not- 
withfitandinp. 

Approved  December  8,  18655. 


«^t^ 


A\  ACT 

To  authorize  Richard  T.  Starr  and  other  per.sons  therein 
named  to  niarrv. 


•Urr 


Section  1.   fir  it  cnaHrd  hy  the  Senate  ami  House,  of  Rep- 
resentatives of  the  State  of  Alabama  in   General  Assemmy , 
convened,  That  Richard  T.  Starr,  whope  wife  has  obtain- 
ed a  divorce  from  him,  be  and  lu^  is  hereby  authorized  to 
marry,  as  if  he  had  never  before  been  married. 

Sec.  2.  Be  it  further  enacted^  That  all  the  provisions  of  ^^,  ^^^  ^^^ 
this  act  be  extended,  and  shall  apply  to  Jenso  B.  Todd 
and  Mary  Todd,  of  Chambers  county. 

Approved  December  8,  1863. 


No.  24.').1  AN  ACT 

Ti)  .'irneiifl  llw  diMrf^T  of  i]i.'  c  ir\-  nf  SflinM. 

■<    1.    lie  %t  (11(11  ii  n  nil  i  nr  iSru'Uf-  (inn   H'<iisr  a/  Ji'iv- 
V  of  the  State  of  Alabama  in  General  Assrmhhj 
rujivmed.  That  section   6   of  the   cliarter    of  the  citv  of "•■■«'''■••'',•• 
Selma  approved   February  9.  1862,    be  anri   the  name  is  «h*r|.  wb.rr»x« 
litr>  '  r|  af  to   inf>f*rt   in   naid   paction  as  part  {j 


1863.  174 

% 

thereof,  and  immediately  after  the  sentence  '*  to  regulate 
the  stationary,  moorage  and  anchorage  of  steamboats 
and  other  boats  and  crafts  ^vithin  their  jurisdiction,"  the 
following  words  :  "  to  estabUsh  a  city  wharf,  on  any 
lands  belonging  to  said  city,  and  to  charge  such  wharf- 
age on  goods  and  freights  landed  thereat  as  the  city 
council  may^  by  its  schedule  of  rates  establish,  to  be 
collected  out  ot  the  owner  or  consignee  of  said  goods 
and  freights :  Provided^  that  such  schedule  of  rates  for 
Avharfage  shall  not  exceed  those  that  are  or  inii\  ^^o  es- 
tablished at  other  places  upon  the  river. 
Approved  November  25,  1863. 


No.  246.]  AN  ACT 

To  amend  the  charter  of  the  city  of  Hunts ville. 

Section  1.  Beii  oiacted  hy  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alohama  in  Generd,  Assembly 
ua.jpToh\biiM\e  convened,  That  during  the  existence  of  the  present  war 
fco...niq«ors.    ^jg^^ggjj  i^jje  Confederate  States  and  the  United  States, 
the  mayor  and  aldermen  of  the  city  of  Huntsville  shall 
have  power  to  prohibit  the  introduction  into  the  corpo- 
rate limits  of  said  city  of  spirituous  liquors,  and  to  pro- 
hibit the  sale  of  spirituous  liquors  within  said  corporate 
limits,  and  within  one  mile  of  said  corporate  limits. 
Approved  November  19,  1863. 


n5?247.J  AN  ACT 

To  grant  further  powers  to  the  corporate  authorities  of 
the  city  of  Mobile. 

Section  1.  Be  it  enacted  hy  tlie  Senai«  and  House  of  Hep- 
resentatives  of  the  State  of  Alahamn  in  Generals  Assembly. 
Jflctpttiw'^sTu-  eonvened,  That  the  existing  laws  upon  the  subject  of  the 
tiiorir««i.  business  tax  of  persons  doing  business  in  the  city  of  Mo- 

bile be  so  amended  as  to  enable  the  corporate  authori- 
ties of  said  city  to  assess  and  colioet  from  all  persons 
- '  trading  or  carrying  on  un}'^  businose,  trade  or  profession 
within  the  limits  ot  s^id  city  (mechanics  cavrying  on  their 
:.  OP  JQiu'ii^ymftp  wojik  03i:c,e,pte(^),  ^  UoonB«  t^i^, 


175  1868. 

which  shall  be  assessed  in  three  grades  ;  the  amount  of 
the  license  tax  of  the  first  grade  shall  not  exceed  one 
hundred  dollars  ;  the  amount  of  the  second  grade  shall  Aui.t.ut  .m  u 
not  exceed  fifty  dollars  ;  tho  amount  of  the  third  grade 
shall  not  exceed  twenty-five  dollars.  Tho  amount  of  said 
license  taxes  shall  l)o  fixed  by  ordinance  from  time  to 
time  as  may  be  deemed  necessary  ;  and  when  lesser  rates 
are  assessed,  the  amount  of  the  several  grades  shall  bear 
the  same  proportion  to  each  other  as  the  above. 

Sec.  2.  Bt  it  fvrther  enacted,  That  all   laws  or    parts 
of  laws  conflicting  with  the  provisions  of  this  act,  bo  and  "•'"'■'' 
the  same  are  hereby  repealed. 

Approved  December  4,  1863. 


No.  248.]  AN  ACT 

To  repeal  •*  An  Act  to  amend  the  Charteraof  the  towns 
of  Marion,  in  Perry  county,  and  Montevallo,  in  Shelby 
county." 

Sectiox  1.  Be  it  e-)iaeted  by  the  Senate  and  HoxLse  of  Rep- 
resentatives of  the  State  cf  Alabama  in  General  AssemWj 
convened,  That  an  act  to  amend  the  t^harters  of  the 
towns  of  Marion,  in  Porry  county,  and  Montevallo,  in  fg'^;"*' "  "''  *' 
Shelby  county,  approved  Docombot  lOtlt  l*-'^'!  1-  ■•-v^ 
the  same  is  hereby  repealed. 

Approved  Decembers,  1863. 


No.  249.]  AN  ACT 

To  amend   "An  Act    to  iuqorporat.    ;li       iiv    of  Mont - 
^  gomery." 

*'  Section  1.  Br  it  enacts  by  fh-  Senate  and  House  i>f  H'p 
resentative-s'of  the  State  of  Alabama  in  freneral  Asacmhly 
convened,  That  the  coiporat^o  h'mits  of  the  city  of  M«)nt-t)«„D«<  layiu 
gomerv,  as  heretofore  ib'tined,  be  and  are  hereby  so  ex- 
nded  as  to  embrace  the  following  additional  metei^  and 
.  junds,  to-wit:  The  K;i^t  bdlf  of  the  South-Eaat  quarter 
of  fractional  section  elcMn  '.iwiinhip  sixteen,  range  sev- 
enteen ;  commencing  m-'I'"  "i  ^he  Sonth-West  rorner  of  ****** 
fractional  section  twelve,  ti)t'neo  East  nn  the  sci.-tinn  line 
to  a  point  whore  the  West  line  of  Holt  street  produced,      v-¥  ••i^ 


would  iutcrgftct  naiil  aeotion  Hue  ;  tlioaoo  diroct  to  tU|^ 
coutre  of  section  tliirtoen,  towiisliip  sixtoou,  range  Sqvj^ 
onteoii  ;  tliejj.ce  Souih  four  hundred  and  sixty  feetji' 
thonco  East  six  thousand  and  forty  foot ;  thence  North 
two  thousand  five  hundred  feet  ;  thence  East  ei};ht  hun- 
dred and  sixty  feet  ;  then(;e  North  to  the  North  line  of 
aeotion  seven,  townsliip  sixteen,  range  eightiHiU  ;  thence 
West  on  said  line  to  a  point  wliere  the  East  line  ol"  De- 
catur street,  produced,  would  intersect  said  section  line  ; 
thence  North  six  hundred  and  sixty  feet ;  thence  West 
to  the  Alabama  river. 
Kv  Sec.  2.  Be  U/urfher  i'naded,  That  the  City  Council  of 

|i>'  ciTHug»  ot  \var«is  Montgoiuery  shall  have  power  to  change,  remodel,  or  in- 

crease the  number  of  the  Wards  of  th^  city,  as  they  nia\ 
deem  fit. 

Sec.  3.  Be  it  further  enacted,  That  all  laws  or  parts  of 
B«pMi  laws,  in  anywise  conlHcting  with  the  provisions  of  this 

act,  be,  and  the  si^me  are  hereby  repealed. 
Api)roved  December  7,  1868. 


No  250.]  AN  ACT 

Amendatory  of  an  act  to  incorporate   the  city  ot  Montr 
gomery,  approved  December  23,  1837.  I 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  Bep- 
rtsentatives  of  the  State  of  Alabama  in  General  Assembly 
uxo»i..iyi,Si<i,co7ii'ened,  That  '"an  act  to  incorporate  the  city  of  Mont- 
gomery," approved  December  23d,  1837,  be,  and  the 
same  is  hereby  so  amended  as  to  empower  the  city 
council  of  Montgomery  to  impose  a  tax  on  every  cart, 
dray,  wagon  and  other  vehicle  used  for  the  transporta- 
tion of  goods  and  commodities  from  one .  part  of  said 
city  to  another,  for  hire,  a  tax  not  exceeding  twenty -five 
dollars  where  one  or  two  horses  are  used  in  hauling  the 
same,  and  not  exceeding  fifty  dollars  where  four  horses 
vaeks  are  used  ;  on  hacks,  fifty  dollars,  on  omnibusses  drawn 

by  four  horses,  one  hundred  and  ftfty  dollars  ;  on  omni- 
ooinibun  buses    drawn    by  two  horses,  seventy-five  dollars  ;  on 

M«roiuuiiiz«       every  vendor  of  goods,  wares  and   merchandize,   drugs 
and  medicines,  or  either  of  them,  fifty  dollars  per  annum; 
Aucii»ii««r«       Qjj  auctioneers,  a  tax  not  exceeding  one  hundred  dollars 
sukiM  per  annum  ;  for  each  livery  or  sale  stable,  one  hundred 

itisiiran«e  offlt;^*  dollars  ;  insuranco  offices,  foreign  or  otherwise,  one  hun- 
K»gr«  *"«»•"     dt&d  dollars;  ue^ro  traders  or  brokers,  two  hundred  dol- 


fh  1863. 


lars ;  hotela,  one  hundred  dollars ;  theatres,  shows,  or  ^^^^^^^  ^^ 
other  exhibitions,  ten  dollars  for  each  exhibition  ;  lec- 
tures, when  an  admission  fee  is  charged,  except  for  char- ^^'"'*'' 
ituble  or  bonovolent  pnrfjosey,  ton  dollai-j* ;  circuses. for  i-'tu.-. 
t!acli  perfornKince,  forty  dollars  ;  restaurants,  fifty  doll;irs;  Kt^uul  ji.t 
concerts,   for    profit»<,  ten  dollars  each  ;  warehouHes  for  wardum-.- 
atorago  of  cotton,  two    hundred  dollars  ;  companies   for 
the  maaufacture  of  gas,   two  hundred  dollars  ;  on   licen- 
sed day  laborers,  twenty  dollars  per  annum  ;  on  washer  ^v^JIJ"^''*,,,^^^ 
women,  ten  dollars  per  annum  ;  on  barbers,  twenty  dob  B"r»»CT.^ 
lars  per  annum/ 

Approved  December  '.),  I8G0. 


No.  251.]   .  AN  ACT 

To  amend  ''  An  Act  to  repeal  an  act  imposing  restric- 
tions on  the  City  Council  of  Montgomery,  and  for 
other  purposes,"  approved  13th  January,  ISiii.   ^ 

Section  1 .  Be  it  enacted  hy  the  Senate  and  Houw  of  Rep- 
re^sentattven  of  ilie  State  o/'  Alabama   in  General  Assembly        ^ 
convened,  Th'dt  "An  Act  to  repeal  an  act  imposing  re-        ^*iL 
strictions  upon   the   City   Council    of  the  city  of  Mout-aylTiioilJd  "^ 
gomery,  and  for  other  purposes,"'  be,  and  the  same  is 
hereby  amended,  so  that  the  City  Council  of  Montgom- 
erv  shall,  from  and  after  the  passage  of  this  act,  have 
full  power  to  collect,  demand  and  receive  of  and  from 
the  owners,   or  consignees,  of  all  goods  wliich  shall  l»e 
anded  on  or  shipped  from  the  Montgomery  city  wharl 
wharves,  landing  or  landings,  sncli  wharfage  as  said 
ouncil  shall,  from  time  to  time,  deem  neccssar}-,  uot  ex- 
uding the  following  rates,  to-wit :  For  each  bale  of  cot- c.nw  un,i  ..|., 
sixteen  ccnt«  ;   for  each  barrel,  ten  cent^  ;  for  each  '""'''^'' '"'"•'■ 
sack  of  coffee,  salt  or  grain,  six  cents  ;  for  each  liogshead 
or  pipe,  forty  cents  ;  for  each  tiundred  weight  of  iron  qv 
other  metal,  five  cents  ;  for  all  boxes,  packages  and  mer- 
chandize, by  measurement,  two  c^nts  per  squaie  foot : 
lor  eacli  bu|^§|^  or  sulky,  one  dolhir  and  fifty  cents  ;  for 
each  carriage,  two  dollars  :  for   each  thousand    feet    of 
lumber,  one  dollar  ;  for  each  horse  or  cow,  twenty  cents;  m,,^,^ 
for  each  sheep  or  hog,  five  cents  ;  for  all  steamboats,  un-  ^^^ 
lew  unavoidably  detained,  not  exceeding  ten  dollars  ])er 
day,  and  all  barges  or  fiatboats  two  dollars  per  day.  each 
day  they  shall  remain  at  said  wharves  or  landings. 
Approved  December  3,  1863. 
28 


1863. 


|i 


Road  prtcinct 


No.  252.] 


178 
AN  ACT 


To  attach  the  road  leading  from  tlio  o?^*tteVfj  boundary  of 
Adams  street,  in  the  city  oj' Montg:omery,  to  the  Line 
Creek  road. 

Section  1.  Be  it  enacfed  hy  ilic  Senate  and  House  of  Bep- 
resei\tatives  of  the  State  of  Alahama  in  General  Assembly 
convened,  That  the  road  leading  from  the  eiistern  termi- 
nus of  Adams  street,  in  the  cify  of  Montgomery,  to  tho  in- 
tersection of  thb  Line  Creek  road  in  precinct  No.  1,  shall 
he,  and  hereby  is  attached  to  and  forms  a  part  of  precinct 
No.  1,  of  the  Line  Creek  road  in  Montgomery  county, 
and  that  the  overseer  of  said  precinct  No.  1,  shall  be  re- 
quired to  work  upon  and  keep  the  same  in  the  same  re- 
pair and  order  he  is  required  to  do  of  precinct  No.  1,  pf 
the  Lino  Creek  road,  and  be  subject  tn  the  samo^  penal- 
ties for  neglect,  omission  or  (hM'anlt  in  la'epingtho  same 
in  .proper  repair. 
N^])proved  Nc^vemlier  'J7.  ]XiV.\. 


No.  253.] 


AN  ACT 


To  amt  u(l  "  An  Act  to  incorporate  the  Girard  Railroad 

Company/' approved  21st  January,  1846.  ^ 

Sectiox  1.  Be  it  enacted  by  the  Senate  and  flouse  of  Bep^ 
resentatlves  of  the  State  of  Alabama  in  General  Assemhlii 
sectiou  anieuaed  (^„;yg,j(,^7^  That  Section  16  of  an  act  t()  incorporate  tli^ 
Girard  Railroad  Coiiit>anj;  be  so  amended  that  all  after 
the  word  "Provided,"  where  it  occurs  in  said  section,  .be 
an'd  the  same  is  hereby  repealed.  Provided,  that  this  act 
remain  in  force  until  tiie  ratification  of  a  treaty  of  peac^ 
between  the  Confederate  States /M  Ui^cl  Stai  ' 

no  longer. 

Approved  Depefnber  4,  1863. 


Prov  iso 


179  1863. 

No.  2.' 1.1  Ay  ACT  ' 

'IVi  am  ii.'M/A'    ill.'    ((UKstrurtioil    uf  a    Jli-aiu'h     R:hI   '({"id 
tlicruin  named. 

Section  1.  Be  it  enacted  hf  the  Senate  and  House  of  Rep- 
resentative's of  the  State  of  Alabama  in  General  Assemlily 
'onvened,  That  the  A;iabama  and  Tennessee  River  lUil- «;*"'-'^  ^""^•"' 
road  Company,  a  body  corporate  ot"  this  State,  bean.: 
tliey  are  hereby  authoii/ied  and  empowered  to  construct 
a  branch  railrjjad  from  their  present  raib'oad,  from  such 
point  and  in  such  direction  as  the  board  of  directors  of 
said  company  may  deem  best  for  the  development  of 
tlie  mineral  coal  in  the  vicifrity  of  their  raihoad ;  and 
said  branch  raih'oad  niiiy  be  so  located  and  constructed 
as  to  coimect  with  any  other  railroad  or  roans  autlior- 
i/.cd  b^- any  law  of  this  State  ;  and  in  the  locatio«^and 
construction  o^  said  branch  railroad,  aiid  in  oj^ertiliftg 
tiic  same  com;  '  '  '  -n  wliolc  or  in  part,  all, the  powers  ■^^^ 
and  privil«;::(  I  to  said  comjiaiiy  by  their  cxisfinff..  ""^ 

charter,  cMJgiual  and  amended,  shall  be  ai)plicublc  to.  and^ 
\estcd  in  said  branch  railroad  to  the  full  extentas  if  the 
same  was  fully  re-enacted  jji  this  act,  so  far  us  the  same 
maybe  pcrtmant,   subject  to  the  stipulations  and  pro- 
vifjions  here^after  specified.     Provided,  that  this  bi-auch  I'lovi.., 
.  oad  shall  commence   at   or  near  Ashby  Station,  on  the 

Mabaina  and  Tennessee  River  Railroad,  and  shall  termin- '"'''"""' 
til  of  Elyton,  in  .Tefferson  county.     And  pro-     ^ 
that  it  shall  not  cross  the  Tennessee  and 

\  iral  Railroad. 

Railroad  i  ted  by  '  .-onMriici 

pany  alone,  or  III  fonucftion   with    surii    [>ci  ,-<<iu.-  .: 
subscribe  for  st<ick  as    hoi  ei natter    provided,   exp: 
for  the  construct  i  '  ■  aiicli  railroad. 

Sec.  3.  Be  it  /  ^  That  the  board  of  direc- 

tors of  said  company  shall  have  power  to  open  book§  .  '  ,^^^^ 

^iilivi-ripdiiii  line]    i-,.,,.i\-n  cnl  ivrriptionS  '  >n  <n.'h  tomiS  alJ'i       ' 

liljc,  no:  -tent  with       r'-t^x 

iii^.iii,  ■     :-;  the   .--ani    l)oard  may  '"' 

derm  )ii.  ly  in  the  construction 

Accufat(i  ac- ^^„.,„,  „,  ^^, 

i!  struct  Ton  ;ina*<'. 

I't 


i 


1863.  180 

stipulations  to  bo  set  forth  in  the  subscriptions  author; 
izcd  as  aforesaid.     If  the   stipulations  in   the  subscrip- 
,    ;.    »      tions  shall  so  provide,  the   subscribers  shall  receiA'^e  cer- 
f«s(!i|ji«^"^"    tlficates  of  stock   in  the   said    company  for  the  amounts 
''^•V?^         which  may  be  subscribed  and  paid  similar  to  the  certifi- 
cates issued' to  the    original    stockholders   of  said    com- 
pany ;  or  they  may    receive  special  certifiofttes,  making 
,,.r.,,.«      .     them  interested  to  the  amount  of  thp  certificates  respec- 
.   ;  '  '•       ^tif^lv.  alone  in  the  stock  which  may  be  created  for  the 
*    •'  -y.j%i,.  cdiistruction  and  equipment  of  the  said  branch  railroad; 
.*      and  in  th6  latter  case,  the  said  branch  railroad  shall  be 
owned  pro-rata  by  said  company  and  tliflw  persons  who 
may  subscribe  and  pay  for  its  construction  and   equip- 
ment, in  proportion  to  the  amounts  which  may  be  paid  ; 
I  ,.  ...,i  i.u.io    '"^^^  ^"  *''^^^  case,  the  stock  of  the  subscribers  for  the  said 
w-  rtebwoi  foni- branch  road  shall  not  be  liable  for  any  debt,  contract  or 
'""'  ■   '■         obUjjtttion  of  said  company  now  existing,  or  hereafter  to' 
be^^Nsated,  except  such  debt  or  obligation  as  may  be  cre- 
ated or  incurred  for,  or  on  account  of  said  branch  road, 
.  •A^-'with  which  a  special  account  shall  be  kept  and  stated 
*  ■     {jfrom  year  to  year,  setting  forth  its  earnings  and  expenses. 
Sec.  4.  Be  if  further  enacted,  That  in  case  the  stock 
4^.Sjie.i»ii  Rtmni  ofs  which  may  be  created  for  the  construction  and  equip- 
MPH-rorj  ment  of  said  branch  railroad,  shall  be  separated  from  the 

general  stock  of  said  company  as  authorized,  the  said 
branch  railroad  maybe  placed  under  the  management  of 
.,..r.   n  Special  board  of  directors,  to  consist  of  such  a  number 
asniav  be  determined  by  said  company  or  their  board  of 
ilircttors,  pr.rt  of  whom  sliall  bo  chosen  by  th<e  said  com- 
jKiny  or  their  boj-.vd  of  directors,  and  part  by  the  indi- 
vidual  stockholders  in  said  brancli  road,  the  paiJty  own- 
ing the  majority  o£^he  stock  to  chose  the  tnajonty  of  the 
directors  ;  the  nisjiorlfy  to  correspond  as  nearly  iis  prac- 
ticable, with  the  amount  of  stock  owned  ;  the  directors 
of  the  said  branch  road  to  have  the  power  to  pass  such 
!i,  ia%vK  nod       by-laws  and  regulations,  and  to  appoint  such  officers  as 
' '"'"  they  may  deem  necessary  and  proper  for  the  manage- 

ment of  their  business. 

Sec.  5.  Be  it  further  enacted,  That  in  tlie  event  of  the 
si.vic  may  lie  croatiou  of  Separate  stock  for  the  construction  and  equip- 
r.Mi:;ni)duto<i.  nient  of  said  branch  road  as  above  provided,  it  shall  at 
any  time  thei-e\'»fter  be  competent  for  said  company  and 
the  majority  in  interest  of  the  individual  stockholders  of 
the  stock  which  may  be  created  for  the  construction  and 
equipment  of  said  branch  road,  to  consolidate  said  sepa- 
rate stock  yrith,  and  merge  it  in  the  general  stock  of  said 


181  1863. 

0 


company,  on  euch  terras  and  conditions  ns  may  be  agreed    • 
on. 

Sec.  6.  Be  it  further  enacted,  That  ncitlicr  the  pa{<sage 
of  this  !U't,  or  anythint^  heroin  contained,  Kh;ill  be  so  con- >;^,t  j„  r»pf=.i  ^nr 
strued,  cither  in  whole  or  in  part,  to  repeal  the  eleventh  P""'f<'<;y''"«" 
and  twelfth  gections  of  an  net  entitled  "An  Act  to  loan  iimi 
and  appropriate  tlie  three  per  cent. fund  nud  its  interest," 
approved  February  18th,  1860.  or  fn  anv  wine  release  the  .       ,      *t  ^ 
.said  Alabama  and  Tennessee  Kiver  Kaiiroad   Uompanypfixy  H'mw^i.n 
from  any  obliiixation   in  Paid  sections,  imposed  on  said  ""*" 
company,  bnt  the  said  company  are  hereby  bound  in  all 
thin,c:s,  to  a  f';uthful   oompliiinee  with  said  obligations,  to 
extend  the  said   railro;id  from   .l;ukp!Onville  to  Gadsden, 
according  to  the   terms,  stipnhUions  ;ind   afrreementf<  in 
paid  sections  above  mentioned. 

Approved  Pecomber  S.  1^(v'. 


No.  25[^.  AN  ATT 

Authorizing  itgoraerv  Mining  and  Manufacturing 

Compan^Y  i.        :...Lruct  rail^vilVK  t.i  :inrl  fnun  flic  differ- 
ent portions  of  their  works 

Section  1 .  Be  it  cnaded  hy  the  Sevafe  and  House  of  ikr>- 
,'   ''rcK  of  the  State  of  Alnhnwn  hi  General  A Kf^crnhh^ 

■  I.  That  the  Montgomery  Mining  and  IHuinifnctur- Aothorizedti> 
ing  (.  ompany,  whose  mm(>s  are  loc^ited  in  lalladega  coun-rond. 
i\ .  V)e  and  are  hereby  authorized  and  empowered  to  lo- 
.  construct  and  complete,  and  use  and  occupy,  a  rail- 
n.'.td  from  their  mines  in  said  county,  to  their  sulphur 
works,  and  from  theneo  connecting  with  their  copperas, 
copper  and  other  works. 

Sec.  2.  Be  if  further  enacted,  That  eaid  company  be, 
and  is  hereby  authorized  to  locate  said  roatl  upoij  ^uy  •^'s'""'""? 
lands  through  which  it  mav  be  necessflry  for  the  same  to 
pass,  paying  the  owner.?  of  such  lands  a  reasonablo"  com- comrenwiiton 
pcnsation  therefor,  and  if  said  company  cannot  agree  with 
the  owner  or  owners  of  the  lands  as  to^the  price  of  the 
same,  tlif^n  upon  application  of  said  company,  it  shall  be 
the  duty  nf  th'*  <-!ork  of  the  OinMiit  T'onrt  <>!   Tallftdega 

■II  a  jury  .:  nen  dai^^f 

land  on  some  specified  day,  wiUiin 
■1  ♦^"  <»^<i">  issuance  r>*'  t^v  writ,  to 


1863*  182 


make  Uuu  iui^uist  of  the  (liimagcs  sustained  by  the  own- 
er Or  owiiorg  pf  said  land,  by  reason  of  the  taking  of  such 
land  for  the  use  of  said  road,  and  the  sheriff  is  authori/ 
cd  to  administer  an  oath  to  said  jurors,  to  Avell  and  trul . 

uTnW  leeide  as  to  said  damages,  and  the  verdict  of  said  jury 

-^hall  be  returned  to  the  office  of  the  clerk  of  the  Circuit 
Court  aforesaid,  there  io  be  filed  among  the  records,  and 
shall  vest,  in  said  company  the  right  to  use  such  lands  for 
thci  purposes  of.  said  rnilroad,  upon  payment  or  the  ten- 
der .of  paj'ment  of  the  damages  so  assessed  l)y  the  jury 
atore.suid,  against  said  company. 

Sec,  3,  Be  it  further  enacted^  That  nothing  herein  con- 

rrohibiiion  t-uincd^  shall  be  SO  ^coustrucd  as  to  authorize  said  compa- 
ny to  locate  said  road,  on  or  through  any  land  "\yhich  is 
occupied  bji  _any  dwelling  house,  or  the  yards  and  gar- 
dens thereto 'tttached,  or  tlirough  that  occupied  by  any 
stable,  gin-house  or  other  building,  ^vitil0ut  the  consent 
of  the  owner  thereof,  first  luid  and  obtained. 

Sec.  4.  Be  it  further  enacted,  That  in  all  cases  wher( 
either  party  may  be  dissatisfied  Avith  the  verdict  of  th. 

■<iicu«  amli^'  i'^^T  ^^^^<5^sing  th^  damages  sustained  by  r^^on  of  takip^ 

<'curt.  Jand  for  the  use  of-  said  road,  as  provid<^(i  for  in  the  se-' 

cond  section  of  this  act,  said  party  so  dissatisfied,  >yheth- 
cr  the  sfiid  company  or  the  owner  of  the  land  condemn- 
ed,';«iay  appeal  to  the  Circuit  Court  ofTalladega  county 
ar*  any,  tim^  Avi thin  three  months  thereafter,  and  Imve  the 

^'^ 'iwtit^    same  tried^jif  5ioro,  a,t  the  first  term  of  the  court,  on  an 

"  '  ■'*       issue  made  up  under  the  direction  of  the  same,  audit, 

s]i:;ll  1)0  sufficient  to  authorize  the  clerk  to  place  said 

porkoiiHj;  <  -^'U  iiJ^l  to  bring  eiither .party  into  court, 

. , .      ^       ,   th,.^  ..tiA  has  had  him  served  by  .the  sherifl*  of 

8aid  (  V  ith' at  least,  i^wenty  days,  notice  m  writing, 

of'  saia  ;tpj)r;ii. 
■  Approved  ]^ecembei"§^,  li>63. 


Xo.i>-„.,  AN  ACT 

i.ia!     (1       "  '    'i(v  insurance  Company. jj; '^ 

■•    "it 

i  iON  1.  Be  it  euacted  by  iJie  Senate  and  House  of  Rep- 

Uitives  of  theMtute  qf  Al(^ha)iia  in  General  Assembly 

'.orvorauirs       rx»n^ened,  TlvAt  Q.\E.  Thum^n,  A i  S.  Huntington^  W.   S. 

Kfiox,  J.  JJ.  Pr«stridge,  W.  M.  Smith  and  W.  M.  B^^rd 

and  such  others  as  may  hereafter  be  associated  with 


183  1863. 

tbem,  and  their  sucressors  are  hereby  declarcii 

ated  a  body  politic  aud  corporate,  by  the  name  <h    Inv 

Central  City  Iiisuraiico  Company,  and  by  that  naitt^^shall  ^''""'' 

be  capable  of  sn^in,!:::  and  being  sued  in  any  ol' the  courts 

of  law  and  equity  in   tiiis  State  as   a'  natlnral  p^fson. 

They  shall  have  power  to  pnrchasc,  hold  and  enjo}- 

and  personal  estate  of  any   description  whatovc- 

may  dispose  of  the  same  at  pleapnre.  and  shall  li 

cr,  generally,  to  do  and  perform  any  and  every  ,' 

aary  to  be  done  to; carry  into  eflfect  the  objoci 

charter,  not  inconsistent  wkh  the  laws  dnd  constituiuM, 

of  this  State  and  the   Confederate   States.     Tliov  ni;i\ 

have  aud  use 'a  common  seal,  and  n 

pleasure.  *  *■'  ,    • 

Sec.  2.  Be  if  further  Ihmdecf,  That  the  rapit:.  !         '."^ 

said  company  shall  not  TVe  less  than  tlf'^- ^i--  .  f'»"iuui*if 

lars,  the  whole  of  whlc^  shafl   be  "paid 
subscribing,  and  shall  bo  rlivided  into  ^lia'o:^  ur  one  nuii 
dred  dollars  each ;  and  the  Board  of  Directors  may,  at 
any  time  after  the   organisation    of  s.nid    company,  in- 
trease  the  capital  stock  of  the  company  to  tnrc^  limi-         .     *  * 
dred  thousand  dollars,  at  their  discjtetion,  umlcr  .  iv  h  ic 
^•Illations  as  they  may  think  best^  adopt. 

^^Ec.  3.  Be  it' further  eymrted,  Th^f  the   offi. 
viinpany  shall  be  in  the  city  of  Selma,  county  o\  i*n!ias/ 
The  book  of  subscription  shall  be  opened  in  the  citv  of  "> 
'  hivT  at  any  time  prior  to  tiie  first  dav  of  March  npxt,  •'^'''"' '.'''i'"' 

1      i  11  •  •  1      ',  ■•       -J  /•   11..  'opm.i' 

tl  at  sufh  place  in  said  city  as  it  raaTority  of  ihe  per- 
sons named  in  the  first  section  of  this  act  m;; 
mine,  and  shall  be  kept  open  until  the  ^m^-  -^^  ^" 
sand  dollars   shall  be  subscribed  and  | 
persons  aforesaid,  or  a  majority  of  tlieni, 
the  sum  of  fiftv  thousanci  doil:ir>  li;is 
and  paid  in,  cafi  a  meeting  of  tV 

proceed  to  the  election  of  not  '  .nAJTif^* 

more  tlian  seven  directors,  as  may  > I"^ri  ii.i,lBr '^"^  '''*' 

by  them:    jnid  suld    T^naril  of  Dir<M  i  I    i,, 

cfoct  ( 

prcsidriii   ,iiiM  '■'" 

thority  to  app^w 


'T.-t  f  H 

thcv 
m.i 


oa- 


1863.  184 


absence  of  the  president ;  and  said  directors  shall  have 

full  power  to  remove  from  office  the  president  and  elect 

anotlier  in  his  place,  if  they  shall  thlnj^  proper  to  do  so. 

Sec.  4.  Be  it  further  enacted,  That  the  directors  shall 

»;i-iioiui  .koioii^lje  elected  by  the  stockholders,  and  the  president  by  the 
lie. .. '  •  .  •.,jj^.^3^,j;^,j.g  iVom  among  their  own  number,  and  when  elect- 
ed shall  hold  their  office  one  year  from  date  of  such  elec- 
tion, and  until  their  successor  shall  bo  elected  ;  and  it 
shall  be  the  duty  of  the  president  and  directors  to  call 
an  annual  meeting  of  the  stockholders  to  make  such 
election  ;  and  in  all  meetings  of  the  stockholders  those 
holding  a  majority  of  the  stock  shall  constitute  a  quo- 

iiiiiipmhiM   for  ''^'^^  '•>  t^^ch  stockholder  shall  be  allowed  one  vote  for  each 

vo»-"- '.  share  of  stock  he  holds,  and  th»  stock  may  be  represent- 
ed in  person  or  by  proxy  in  wjsiting,  but  no  person  shall 
act  as  proxy  who  is  not  himself  aatockholder. 

Sec.  5.  Be  it  further  enacted, ^h fit   said   corporation 

yuwtfw  K.r  i»>rj.u  shall  have  power  to  make  insurance  on  ships  and  all 
other  sea  vessels,  and  steamboatg  and  all  other  river 

Tttko"n-k-  crafts;  on  all  goods,  wares  and  merchandize,  slaves,  bul- 

lion, money,  and  other  property,  against  all  marine  or 
river  risks  ;  and  np(f^  houses,  stores,  or  other  buildings  : 

«  goods,   wares,   and  Merchandize  of  every  description, 

against  fire,  and  to  fix  a  premium;  thereon :  also  to  in- 
sure the  lives  of  persons  and  property,  and  to  fix  the 
rate  of  insurance  thereon  ;  to  receive  from  any  free  per- 
sons or  corporation  deposits  on  trust,  and  to  acce^  all 
such  trusts  or  agencies,  within  the  scope  of  its  business. 

BvuoU-tniKuy,    ^^  may  be  confided  to  it  ;  it  shall  have  power  to  borro\\' 

-'«•  money  and  issue  its  bonds  therefor  ;  .to  invest  its  money 

or  property  in  any  way,  thing,  or  any  manner  which 
would  be  lawful  for  a  citizen  to  invest  money  or  proper- 
ty in  ;  and  the  said  property  and  securities  to  sell  and 

luaLwouoy,  \,-.  transfer  at  jjJcasure ';  it  may  loan  money  or  property 
to  any  person  of  persons,  or  corporation,  on  any  security 
It  niay  think  proper  ;  the  corporation  shall  have  power 
to  purchase,  discount  and  sell  bills  of  exchange  and'  pfp- 

uwy  aua  .seji  K.1  "mlssory  notes,  subject  to  the  laws  against  iLsur}' ;  to  re- 

cK-ing.  .  coive  on  deposit  for  collection  promissory  notes  and  bills 
of  exchange,  charging  the  usual  rates  therefor  ;  the  said 
corporation  shall  not  make  or  issue  any  bills,  bonds,  or 
notes  to  circulate  in  the'  community  as  money,  and  all 
bills,  bonds,  notes  and  other  securities  made  payable  at 
the  office  of  said  corporation  shall  be  subject  to  the  same 
rules  of  law,  and  to  the  same  legal  remedies,  as  if  made 
payable  at  any  of  the  banks  of  this  State. 


185  ■  1863. 

Sec.  6.  Be  it  further  enacted,  That  tlie  president  and 
directors  of  said  corporation  shall  have  power  to  fix  the  Transt«-  or  nock 
mode  of  the  transfer  of  the  certificates  of,  stock,  as^^\  ell 
as  the  time,  mode,  and  places  of  payment  of  interest  anil 
lUvidends  ;  and  a  majority  of  the  Ijoard  of  Directors  shall  i>ivu, ;.  i 
constitute  a  quorum.   The  said  oorporatjon  tshati  also  havti '-J*^'"  >"■• 
power  to  pass  all  such  by-laws,  rules  and  rei^ulations  as 
may  bo  neccasary  to  carry  into  cifoct  the  provisions  yf  "•  '■'^'^ 
this  Charter,  and  to  carry  on  the  business  of  said  corpo- 
ration, which  arc  not  inconsistent  with  the  provisions  of 
this  Charter,  and  the  laws  and  constitution  of  this  State 
and  the  Confederate  States  ;  and  said  corporation  shall 
liavc  power  to  make  all  such  contracts,  by  the  president  t>'>>u^->'i" 
and  directors  or  l)y  such  agents  as  they  may  appoint,  asomoerH  t  n^uu 
may  seem  to  tliem  most  to  the  interest  of  said  corporation : 
and  said  president  and  directors  may,,  by  resolution  or 
by  law,  create  all  such  officers  and  agents,  not  herein 
named,  as  they  may  determine  to  be  necessary  to  carry 
on  their  business  ;  they  shall   have  power  to  pi'oscritte  ^       .^^  j  ,^  __  , 
an  oath,  and  to  require  each  ofiicor  and  agent  to, take  acd 
subscribe  the  same,  before  he  enters  on  the  dut}''  of  itis,. 
office,  and  they  shall  fix  and  prescribe  iIk'  iiMuumt   of 
each  bond  to  be  given  by  the  officers. 

Sec.  T.  Be  if  further  enacted,    That    said  ,  curporatiuji 
shall  be  liable  to  its  creditors  to  the  full  amount  of  its  J*|J'"*''y«^-i*'i^ 
property  and  assets,  and  the  several  stockholders  shall 

be  Tuible  to  creditors  of  the  corporati""  *>  fl v^ni  ,,f' 

thoir  stock  subscribed  and  not  paid  in. 

Sec.  8.  Beit  furtlier  eiiacted,  Tliat  ilns    cii;niei,  aim 
all  the  privileges  herein  contained  and  granted,  shall  re- tor."' "'"" 
main  in  full  force  for  the  period  of  thirty  years  from  the     • 
date  of  its  approval. 

Approved  November  28,  1863.  i 


No.  257.]  AN  ACT 

To  amend  tjie  Charter  of  the  Eufaula  Home  Insurance 
Company. 

Section  1.  Beit  enacted  hy  the  Senate  and  House  of  licp- 
Tfsentatives  of  the  State  of  Ahibania  in  General  Ass      ' ' 
nnuened,  That  the  act  entitled  "An  Act  to  incovi  .n""^''' 

the  F    -.    '     "  '  -  ••  L-,b-    ' 

i"u;'i  .  LJiore- 

24 


1863.  186 

of,  be,  and  the  same  are  liereb}'  amended  so  as  to  au- 
thorize the  Board  of*  Directors  of  said  lusuraiice  Com- 
pany to  increase  the  capital  stock  of  said  company  to 
one  milhon  of  dollarts. 

Skc.  2.  Be  it  further  enacted,  That  all  the  franchise 
lucruosooftrau-  and  privilcgcs  conferred  upon  the  "  Mechanics'  Aid  As- 
sociation oT  Selma,"  in  the  fourtli  section  of  an  act  en- 
titled "  An  Act  to  incorporate  the  Mechanics'  Aid  Asso- 
i^ation  of  Selma,"  be,  and  the  same  are  hereb}'  granted 
to  the  Eufanla  Homo  Insurance  Company. 

Approved  November  28,  1863. 


ctllkO. 


No.  258.]  AN  ACT 

To  amend  "  An  Act  to  incorporate  the  Eufaiila  Marine 
and  Fire  Insurance  Comjjunv,"  approved  February 
9th,  1861. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Bep- 
resentafives  of  the  State  of  Alabama  in  General  Ansernhly 
■\\xM  for  opBiiint'  convened,  That  the  act  entitled  "  An  Act  to  incorporate 
the  Euiaula  Marine  and  Fire  Insurance  Company,  ap- 
proved the  9th  day  of  February,  1861,  be  and  the  same 
is  hereby  amended  by  extending  the  time  Avithin  which 
the  books  of  subscription  for  stock  in  said  company  may 
be  opened  to  the  1st  day  of  July,  1864. 

Approved  November  25,  1863. 


No.  259.]  AN  ACT 

To  increase  the  capital  stock  of  the  Woodville  luj^ui'ance 
Company. 

Section  1.  Be  it  enacted  by  the  Senate  ami  House  of  Btp- 
7'esentatives  of  the  State  of  Alabama  In  General  Assembly 
convened,  That  an  act  entitled  "  An  Act  to  incorporate 
lulu'ca.'"'"'^  '"  the  Woodville  Insurance  Company,"  approved  February 
9th,  1861,  be  so  amended  as  to  allow  an  increase  of  the 
capital  stock  of  said  company  to  any  amount  not  exceed- 
ing five  hundred  thousand  dollars. 

Approved  November  19,  1863. 


187  1863. 

No.  260.]  AN  ACT 

To  increafie  the  capital  stock  of  the  Selma  InsiirancG  and 
Trust  Company,  and  the  Planter's  and  Merchant/R  In- 
surance Company. 

Section  1.  Br.  i.(  c-iiaclcd  hy  fhe  SniaU  and  Home  of  litp- 
rtxentaHvcs  of  the  Stair  of  Alabama  in  Gcno'nl  Asacmhly 
convened,  That  the  Prtsidont  and  Directors  of  the  Plant- <iipi'fli  c^ru  m 
erK  and  Merchants  Insurance  Com})any  in  Sclnva,  and  the 
President  and  Directors  of  the  Selnia  Insurant-e  and 
Trust  Company,  and  each  of  them  be,  .\nd  they  are  by 
thi«  act  authorized  and  empowered  to  increase  the  capi- 
tal Rtock  of  their  respective  companies  by  additional 
j»ub8cription8  to  the  sum  of  six  hundred  thousand  dol- 
lars, to  be  subscribed  and  paid  in  8uch  manner  as  they 
by  their  respective  boards  of  directors  may  prescribe. 

Approved  November  10,  18()3. 


No2r>l.]  AN  ACT 

To  incorporate   (he  Factors'  and   Grocers'  Marine    abd 
Fire  Insurance  Coni{)any  of  Mobile. 

Section  1.  B«  it  enadedhy  (he  Se)nUe  and  Houst  of  Eep- 
rrsentativrs  of  ihe  State  of  Afaboma  in  (lencral  Aftscmhly 
'convrned,  That  a  company  is  hereby  incorporativl  for  the  (^^^p^f^,^  „^^ 
purpose  of  transacting  a  j^eneral  Insui'ance  business,  in 
the  city  of  Moliile,  under  the  name  and  style  of  the 
''Factors'  and  Groccr«'  Marine  and  Fire  Insurance  Com- 
pany." 

Sec.  2.  Be  t't  further  enacted,  That  the  said  company 
shall  have  power  to  sue  and  btv  sued,  to  have  a  common  ronens 
seal,  and  to  chanj^e  or  alter  the  same  at  pleasure,  to  jiold. 
purchase,  convey  and  disjjose  of  all  kinds  of  estates,  real 
and  personal,  to  receive  and  accept  agencies,  to  appoint 
Buch  subordinate  oHlcers  and  agents  as  in  the  opinion  of 
the  directors,  the  business  of  the  <.'ompany  requires,  pre- 
scribe their  liutics,  and  fix  their  compensation.  To  make 
by-laws  not  inconsistent  with  the  existing  laws  of  this 
State  or  of  the  Confederate  States,  for  the  transfer  of  its 
stock,  the  management  of  itR  property,  or  X\\g,  regulation 


1863.  188 

of  its  affair?*,  and  to  alter  and  amend  the  same  at  their 
pleasure.  To  make  notes  and  draw  bills  of  Exchange, 
and  to  endorse  and  transfer  its  billg  receivable,  tx:)  dis- 
count bills  of  Exchange  arid  promiseory  notes,  or  buy 
and  sell  the  same.  To  buy  and  sell  gold,  isilver,  bullion 
or  foreign  coin.  To  receive  deposits  on  trust.  To  bor- 
row money.  To  loan  its  funds  on  any  public  stock  of  in- 
corporate companies,  or  obligations  of  the  States,  or  that 
of  the  Confederate  States,  or  to  invest  the  same  in  real 
..;/..  or  personal  securities;  and  generally  to  do  all  things 
necessary  to  carrj^  into  execution    the  poM'ers  lierein 

KoRtriiiiou  .  granted  ;  Provided,  that  nothing  herein  contained  shall 
authorize  sfiid  company  to  exercise  bankin;.r  jH-ivilegcs, 
or  of  issuing  bills  to  circulate  as  money. 

Sec.  3.  Be  it  further  enoded,  The  capital  stock  of  said 

o  .iiti;i.i,Kk  company  shall  be  one  hundred  thousand  dollars,  with  the 
privilege  of  increasing  the  same  to  three  hundred  thou- 
sand, whenever  the  stockholders  deem  it  expedient  to 
do  so,  divided  into  shares  of  ope  hundred  dollars  e^ch, 
ten  dollars  on  each  share  to  be  paid  in  at  the  time  of 
subscribing,  and  the  remauider  in  such  instalments  as 
the  directors  may  appoint. 
Sec.  4.  Be  it  further  enacted,  That  if  any  stockholder 

siockhnitiorB  fail- shall  fail  or  refuse  to  pay  the  amount  due  for  his  stock, 

■Jutm'i'amf  sioci*  according  to  the  call  of  the  directors,  the  company  may 

(a(t-ir,(o.i  obtain  judgment  against  him,  by  motion  and  three  days\ 

•noticGf,  \n  any  of  the  cdurts  of  this  State,  and  if  execu- 
tion shall  be  returned,  no  jyroperty  found,  such  stockhol- 
der shall  forfeit  his  stock,  or  the  amount  ^paid  into  the 
cpmpant.  '  '    '  **' '  '     ' ' 

Sec.  5.  Be  it  further  enacted,  That  Br.  Tardy,  Samuel 

:j;,';:;:^!;r"^  Wolff  and  C.  H.'Minge  are  hereby  authorized  tp  open 
books  in  the  cit)-  of  Mobile,  for  subscriptions  to  said  cap- 
ital stocTs,  Avhich  -(id  books  slnUl  continue  open  until  one 
hundred  thousand  dollars  is~  subscribed,  when  the  com- 
pany may  organize  and  commence  bu??incss. 
Sec.  ().  Be  it  further  enacted,  That  the  affairs  of  the 

p.n,,iorK5i'o*ir",    company  shall  be  conducted  by  a  board  of  five  directots; 

.i.rt-,i,*c,  each  one  of  whopi  shall  own  at  least  twenty  shares  of 
stock,  to  be  elected  by  the  stockholders,  and  hold  theii* 
office  for  one  year,  and  initil  their  successors  are  elected' 
and  qualified.  They  shall  not  be  directors  in  any  other 
insurance  com^jniiies,  and  before  entering  on  the  duties 
of  their  ofBce,  shall  take  and  gubscribe  such  oath  as  the 

powcrf  01  dircc-  Stockholders  may  prescribe  for  them.     The  board  of  di- 

lors.  ^  rectors  shall  hnve  power  to  elect  one  of  their  number 


189  1863. 

President  of  the  company,  and  to  fix  his  salary,  and  to 
pass  bj^-laws  heroin  before  provided  for,  which,  hoAvcver, 
shall' be  subject  io  revision  ox  alteration  b}-  the  stock- 
holders in  general  lueeting. 

8f.c.  1.  Be  if  fvrtlier  eih<  ^'*' ''^^}^^Non.f  lor  .w 

'    fifty  thousand  dollars  shall   be   suLscnbcd,  tlie  said  lion  ..r  .i,rr"-.ipi», 

inmissioners,  Br.  Tardy,  S.  Wolff  and  C.   H.  Minge*"' 
shall  give  notice  for  three  weeks  pubHshcd  in  one  of  the 
iwnvspaperp  of  the  city  of  Mobile,  calling  the  stockhold- 

s  together  at  such  time  and  place  as  they  idiall  suggest 
111  said  notice,  for  an  election  of  directors.     The  etectioni>ci..>iii.(.w  (o,,-  ■ 
sliall  be  by  ballot,  each  stookliold(M-  being  entitled  to  onc""'^*"'- 

to  for  each  share  of  stocl;  '  by  hiui,  and  lie  may 

to  by  proxy  in  meeting  i.  ually,  which  election 

shall  be'  held  and  conducted  by  ^aid. commissioners.     All 
subsequent  electiont;  sliaH  b^  b,-'',]  nihlcr  fbc  dirocilons  of 
board  of  directors,  or  '■ 
>:f^ribed  by  the  stockholdci  ^  m  uuiif:  .n  hu-lhiij:,. 

Sec.  8.  Be  HfurfJier  enacfaC  Th-dt  the  said  company  p^^,^^^„f^„,„. 
shall  have  power  to  make  general  insurances  upon  houses,  rany. 
gin  houses,  cotton,  corn  and  other  produce,  upon  lives, 

d  health,  of  both  white  persons  and  slaves,  upon  live 

'ok  of  every  description',  Lijion  vessels,  freights,  steara^ 

its  and  ships  of  ever}'  kind,  upon  all  sorts  of  goods, 
» tires  and  merchandize,  money,  gold,  silver,  bullion  and 
foreign  coin,  and  every  other  species  of  property,  against 
loss  by  fire,  dangers  of  tlie  sea,  river  and  any  other  risks, 
aad  to-  fix  premiums  for  the  same,  and  to  do  all  other  »^f«/4«>. 
thingR  appertaining    to  a   general   insurance  busiiicss.  '*• 

That  the  President  and  one  director,'  or  two  directors,  in 
il,. ,..,(<   rf  the  President,  shall  be  sufficient  to  make  in- 

M  tuct^H,  and  all  policies  subscribed  b}'^  the  President,  or 
>  directors,  and  countersigned  by  the  Secretary,  shall  ^   ,  i 

qe  binding  upon  the  company.  *^' 

■  Sec.  9.  Be  if  fvrfher  tnacfcd,  The  said  company  shall 
have  power  to  receive  in  trust,  or  on  deposit,  money  or     ^^  ^ 
funds  of  any  kind  that  ma}*  be  offered  to  them,  on  inter-    '"^  '" 
eStor  otherwise^  and  give  thoir  receipts  and  obligations 
tbr  fli"  >:"tV,.  ..Tid  such  deposits  and  trftst  funds  shall  in 
no  lo  to  the  debts  or  obligations  of  said  com- 

paiiv,  griMMng  iHit  of  its  insurance  b     "  ...   , 

^'v.r..  10.  Be  iffurthrr  riKirfcff.T]^  m-ku- 

nrring  in.  the  board   of    '  ,   the    reuiaii:  -cy^mt     . 

rs  may  fill  sai''!  va'';ii;  •■"  '  "i:  anv  sfn--'  ' 

der  qualified  undt 


1863. 


190 


stork  liabU  for 
debts  du*  com- 


Ban'  8014 


ContraetK  bow 
nia«i«. 


LmbllUx  ta  taxA 

1 100. 


AKcnclu 


Liability  vf^ldck- 
hoWcrd. 


^tatemeni  of  ae- 
6«tsJtli«blliti*ii. 


Sec.  11.  Be  it  further  enacted,  That  any  stock  in  aaid 
compau}'  OAvned  by  any  person  or  persons  indebted  to 
said  company,  or  liable  to  said  company,  either  as  prin- 
cipal or  security,  and  whether  such  indebtedness  or  lia- 
bility be  due  or  not,  shall  be  held  by  Baid  company  as 
security  on  said  indebtedness  or  liability,  which  lien  shall 
continue  until  the  guid  indebtedness  or  liability  shall  be 
fully  paid  and  satisfied.  And  in  case  the  said  owner  shall 
fail  to  pay  his  said  indebtedness  (wliothor  ho  is  principal 
or  security),  within  twenty  days  after  the  saine  shall  be 
due  and  payable,  the  directors  shall  have  power  to  sell  the 
said  stoclv  to  the  highest  bidder,  at  public  auction,  in  the 
city  of  Mobile,  or  so  much  as  may  bo  necessary,  first  giv- 
ing at  least  twenty  days  notice  of  the  time  and  place  of 
said  sale,  in  one  of  the  now'spapers  of  said  city,  and  apply 
the  proceeds  tliereof  to  the  payment  of  said  debt  and  the 
costs  and  expenses  of  said  sale,  or  as  much  thereof  as  will 
pay  the  sum,  and  the  President  shall  give  to  the  pur- 
chaser a  certificate  of  his  purchase,  which  shall  convey  a 
good  title  thereto. 

Sec.  12.  Be  it  further  encicted^  That  all  contracts  made 
by  said  company  for  the  payment  of  money,  or  for  the 
assignment  of  its  effects,  or  sale  of  its  property,  must  be 
in  writing,  signed  by  its  President,  and  countersigned 
by  its  Secretary,  and  be  authorized  b}'^  a  resolution  of 
its  board  of  directors. 

Sec.  13.  Be  it  further  enacted,  That  the  amount  of  cap- 
ital stock  of  said  corapanj  actually  paid  in,  and  its  prop- 
erty, shall  at  all  times  be  subject  to  same  rules  of  taxa- 
tion as  the  property  and  stock  of  like  corporations  in 
this  State. 

Sec.  14.  Be  it  further  tnacied,  That  said  company  shall 
have  power  to  establish  sucli  agencies  consistent  Avith 
the  laws  of  this  State,  as  thoy  may  deem  expedient  and 
for  the  interest  of  the  corporation. 

Sec.  15.  Be  it  further  enacted,  That  each  stockholder 
shall  be  liable  for  the  debts  and  obligations  of  said  com- 
pany to  the  full  QkXtent  of  the  stock  subscribed  by  him,^ 
but  no  more.  ,^ 

Sec.  16.  Be  it  further  enacted^  That  this  act  shall  take 
effect  from  the  day  of  its  approval  by  the  Governor,  and  - 
shall  continue  in  force  for  twenty  years. 

Sec.  17.  Be  it  further  enacted,  That  the  President  of 
said  company  shall  on  the  first  Monday  in  January  in 
each  year,  make  out,  under  oath,  a  complete  statement  of 
the  affairs  of  the  company,  showing  its  assets  and  liabili- 


191  1863. 

ties,  and  publish  the  samo  in  one  of  the  newspapers  in 
the  city  of  Mobile,  and  on  failure  to  comply  nerewith, 
the  charter  of  I  he  company  shixll  be  forfeited. 
Approved  December  4,  1863. 


Curi»iral()ry 


No.  262.]  AN  ACT 

To  incorporate  the  MoiiteTallo  Coal  Mining  Company. 

Section  1.  Be  it  enarlfd  hy  the  Senate  and  House  of  Krp- 
retentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  W.  W.  Waller,  T.  H.  Watts,  L.  E.  Faf-^,^ 
uona,  Alex'r  White,  Jno.  Kenan,  Joel  Riggs  and  I.  T. 
Tichnor,  and  such  other  persona  as  may  hereafter  bo  as-  \ 

Bociated  with  them,  and  their  siiccesisors,  be,  and  they  '      .,'  ^  9(fn\ 
are  hereby  made  and  (n)n«tituto(l  a  body  corporate,  in 
fai't  and  in  name,  under  the  Htylo  and  title  of  **  The  Mon- 
tevallo  Coal   Mining  Compaliy,'' and  by  that  name  ahall  *''""*' 
be  and  aw^  hereby  made  able  and  capable  in  law  to  have,         ♦v^rr.- 
purchane,  receire.  posBc.sa,  enjoy  and  realize,  to  them  and  Tiie?M. 
their  successors,  lands,  rents,  tenements,  lioreditaments, 
good.-*,  chattels  and  effects,  of  whatever  kind,  nature  or 
(jualitr,  which  the  body  corporate  may  deem  necessary 
to  carry  idl  the  objects  of  said  corporation  into  full  fore? 
and  etfect,  to  the  amount  of  nne  million  of  dollars  ;  Avhioli,,   „  , 
ttbjectt*  are  to  mine,  traijsport  and  sell  coal,  and  the  same 
to  sell,  grant,  demise,  alien,  and  dispose  of;  to  sue  and  to 
be  sued,  plead  and  be  impleaded,  answer  and  be  answer- 
ed, defend  and  be  defended,  in  all  courts  having  jurisdic- 
tion ;  to  make,  use,  and   have  a  common  seal,  and  the 
same  to  break,  alter  and  renew  at  pleasure  ;  to  owfi  and 
hold  in  perpetuity  sutli  quantity  of  land  as  may  be  suf- 
ficient to  supply  Haid  company  witli  uVmiHl.uicf  i\f  cval 
for  its  business. 

Sec.  2.  Beit /^irifier  enacted,  Th».i  >in<\  iu.,,s,  an I'^n.uxi 
shall  have  power  to  construct  one  or  more  railway  tracks  u»r  c«»tuuct 
from   their  coal  mines  to  the  Alabama  and  Tenncss(«e '^'  '^*'^'#*Mi^' 
rirer  railroad  and  tli«*  branch  of  the  Tennessee  and  Ala- 
bama central  railroad,  and  tlie  South  and  North  Alabama 
railroad,  and  may  levy  and  ciillc<-t  tolls  fron^  all  persons, 
property,  raerchandiy-H  and  other  comraodities  transport- 
ed thereon.     The  said  corporation  shall  huve  the  privi- 
lege of  prescribing  the  numb<n- of  shares  into  \vhich  theahirw 
capital  stock  of  said   corporation  thai  1  bo  di>i<lMl;  the 


1863.  192 

mode  in  Avliicli  it  shall  be  taken,  paid,  transferred  or  as- 
signed, and  also  to  prescribe  tlic  mode  by.  wliicli  stock- 
holders may  vote,  and  tlie  number  of  votes  to  whicb  each 

Provw.  share  tihall  bo  entitled  ;  Provided,  nevertheless,  that  the 

rulef*  adopted  shall  be  uniform,  equally  securing  the 
lights  of  each  stockholder;  and  also  to  provide  for  th^ 

oiRcan  elcction  of  such  officers  as  may  be  deemed  necessary  f^if 

the  government  of  the   affairs   of  said  corporation,  and ' 
also  to  ordain,  establish  and  put  into  execution  such  by- 

b>  laws  laws,  ordinances  and  resolutions  as  they  may  deem  ne- 

cessary and  expedient  for.  the  government  of  said  aor- 
poration,  not  being  inconsistent  with  the  laws  of  the 
State  of  Alabama,  or,  of  the  Confederate  States,  and  in 
general  to  do  and  execute  all  and  singular  the  acts,  mat- 
ters and  things  which  may  be  necessary  for  mining-, 
transporting  and   aelUng  coal  ;  Provided,  also,  that  no 

.ii*gkiwMml  stockholder  shall  be  held  liable  for  more  thjm  the'4mount 
of  his  or  her  stock  in  said  corporation. 

Sec.  3,  Be  it  further  enacted,  That  if  the  oflicers  are 

oorp«rt.u.,ii  ;n,{    uot  elcctod  by  the  stockholders  of  said  company  on  the 

Ik^tryoiwi  '*'*  '^'^y  fi^6^  ^.y  the  by-laws  or  ordinances,  the  corporation 

offliiors.  shall  not  for  this  cause  be  dissolved,  and  it  shall  bo  law- 

ful to  hold  said  election  on  some  other  day,  according  tc» 
the  rules  of  said  corporation. 
Sec.  4.  Be  it  further  enacted,  That  the  said  compain 

KigMuivMiy  shall  Lave  the. right  to  contract  with  the  owner  or  own- 
ers oJ"  land  for  the  right  of  way  for  their  tracks  from  the 
coal  mines  to  the  Alabama  and  Tennessee; river  railroad 
and  to  the  branch  of  the  Tennessee  and  Alabama  central 
railroad,  and  to  the  North  and  South  Alabama  railroad, 
aiid  for  lands  sufficiently  near  to  and  adjoining  said  rail- 
road* for  coal  depots  and  necessary  turn-outs  and  tracks; 
and  if  the  owner  or  owners  of  the  land,  which  may  be 
required  for  such  purposes,  and  the  corporation  cannot 
agree  about  the  same,  then  it  shall  be  lawful  for  said 
company,  acting  by  its  agent  or  agents,  to  apply  to  the 
clerk  of  the  Circuit   Court  of  the  county  in  which,  the 

Writ "f  j^« v«*^J  lands  may  be  situated,  for  a  writ  o^  ad  quod  damnum, 
who  shall  issue  the  same  directed  to  the  sheriff  of  his 
county,  commanding  and  requiring  him  to  summon  seve;jij 
disinterested  freeholders  of  his  county,  whose  dutjr  ^' 
shall  be  to  attend  the  summons  of  such  sheriff,  to  vie\%» 
the  premises  and  assess  the  damages  Avhich  the  owner 
or  owners  of  the  land  may  sustain,  by  the  condemnation 
for  the  use  of  said  company,  for  land  for  the  right  of 
way,  as  aforesaid  (not  exceeding  one  hundred  feet  in 


dainnuim 


19>  Mh 

width  for  each  track)  and  for  coal  depots  and  turn-outa 
and  tracks,  as  aforesaid,  not  exceeding  ten  acres  at  any 
one'*place  on  or  near  such  railroads  ;  any  five  of  the  jury 
who  may  be  summoned,  shall  be  authorized  to  render  a  vor.itot 
verdict,  and  may  act  alone  ;  the  person  or  persons  whoso      .,^„  ,,^^  . 
lands  is  sought  to  bo  condemned,  shall  have  as  much  as 
five  days  written  notice,  if  a  resident  of  the  county  in 
\|hich  the  land  may  bo  situated,  of  the  time  and  place  ^"^''^'^ 
appointed  for  the  meeting  of  the  jury  of  review  ;  if  not 
a  resident  of  the  county,  or  of  the  State,  shall  have,  in 
addition  to  the  five  days  notice,  two  days  at  least  for 
every  fifty  miles  of  his  or  their  residtmce  froili  the  place 
appointed  for  the  assembling  of  the  jury,  which  shall  be 
on  the  land  sought  to  be  condemned  ;  which  notice  shall      «•#»  yj'^'i 
be  sent  by  the  shorifi"  of  the  proper  county  in  official  '  " 

character,  or  by  his  deputy,  who  may  also  summon  the 
jury  provided  for,  and  also  do  whatever  act  is  by  this 
act  required  of  the  sheriff.  If  the  lands  sought  to  be 
condemned  shall  belong  to  the  estate  of  a  deceased  per- 
son, the  notice  required  shall  be  served  on  his,  her,  or 
their  administrator  or  executor  ;  if  to  a  minor  or  minors, 
on  their  guardian  ;  if  to  a  non-resident,  the  notice  shall 
be  given  by  advertisement  for  four  consecutive  weeks  in 
some  newspaper  published  nearest  to  the  lands  sought 
to  be  condemned,  which  notice  for  publication  shall  be 
signed  by  the  clerk  of  the  Circuit  Court,  and  set  out 
the  facts  as  far  as  may  be  required  for  a  proper  notice. . 
It  shall  be  the  duty  of  the  sheriff  to  attend  promptly  to 
the  duties  required  by  this  act,  and  for  a  failure  he  shall 
be  liable  to  be  sued,  as  for  neglect  of  duty  in  other  cases,  f'*'''"^-^  "'^ 


•her  Iff. 


and  for  his  services  he  shall  be  allowed  such  compensa- 
tion  as  is  by  law  allowed  for  similar  services  :  it  shall 
be  his  duty  in  person,  or  by  deputy,  to  attend  said  jury 
in  making  their  review ;  when  the  jury  shall,  by  review- 
ing the  premises  and  by  such  other  evidence  as  may  bo 
adduced,  become  satisfied  of  the  damages  which*  the  ^,7,',ed' '"■" 
owner  or  owners  of  the  land  to  be  condemned  may  sus- 
tain by  the  condemnation,  they  shall  render  their  ver- 
dict in  writing,  which  shall  be  subscribed  by  such  of  the 
jury  as  may  concur  in  it,  and  be  attested  by  the  sheriff, 
or  bis  deputy,  and  by  him  returned  to  the  office  of  the 
Circuit  Court  of  the  proper  county,  who  shall  preserve 
the  same,  and  furnish  a  certified  copy  of  it  to  the  par- 
ties desiring  and  paying  therefor.  If  either  party  be 
dissatisfied  with  the  verdict  of  the  jury,  the  dissatisfied  A|»ih«i 
party  may  appeal  to  the  Circuit  Court  of  the  county  in 
25 


1868.  194 

which  the  lands  shall  lie,  if  the  appeal  be  taken  in  thirtj 
days  after  the  rendition  of  the  verdict,  giving  the  oppo- 
site party  as  much  as  five  days  notice  of  the  appeal ;  if 
no  appeal  should  bo  taken  in  the  specified  time,  the  lands 

Pi-ijwty  v««u  sought  to  bo  condemned  shall  vest  in  and  become  the 
property  of  the  company,  on  the  payment  by  the  com- 
pany of  the  sum  assessed  by  the  jm-y  as  the  damajxes  to 
be  sustained  by  the  owner  or  owners  of  the  land,  whiclf 

Kayiusut  ujxt     payment  of  the  damages  may  bo  made  to  the  Jud^e  of 

''^^°'  the  Probata  Court  of  the  county  in  which  the  lands  lie, 

in  the  absence  of  the  party  entitled  to  receive  the  mo- 
nej,  for  which  said  judge  shall  bo  held  responsible  on 
his  official  bond,  to  the  ^Darty  entitled  ;  the  costs  of  the^ 

co«u  by  YvhoB.  proceedings,  in  case  no  appeal  be  taken,  to  be  paid  hyrt 
.  the  company,  and  the  (Question  of  damages  and  costs  tq^, 
be  determined  by  the  jury  in  tlie  Circuit  Court,  and  sat-^t, 
isfaction  of  the  payment  founded  on  such  verdict  in  the^ 
Circuit  Court,  to  vest  the  title  of  tho  lands  sought  to  be 
condemned  in  said  compan}'.     The  jury  who  may  be  em; 

u»tu  Ml  juror*     pannelled  to  try  the  matters  in  controversy  shall  takfej 

an  oath,  or  solemn  affirmation,  to  render  their  verdict^. 

without  partiality,  and  according  td  truth  and  justice,     /^j 

Approved  December  8,  1863.  - 

.1 

No.  263.]  AN  ACr  % 

To  incorporate  the  Mobile  and  Selma  Cou!  Mining  Com- 
pany. 

Section  1.  Be  it  enacted  hy  the  Senate  and  House  of  Rp>- 
resentativejs  of  the  State  of  Alabama  in  General  Assembly 
a.n«ruior«        convened,  That  C.  E.  Thames,  W.  M.  Smitli,  Walsh  Smith,^ 
M.  Waring,  J.  D.   Spear,  Geo.  0.  Baker  and   their  asbO>^ 
ciates  bo,  and  are  hereby  constituted  a  body  corporate^ 
under  the  name  of  the  Mobile  and  Selma  Coal  Mining 
iui«  Company,  and  by  that  name  shall  be  made  able  to  have, 

H^w.i ,  iLC.  purchase  and  receive,  possess  and  enjoy,  to  them  and  their 
successors,  lands,  rents,  tenements,  hereditaments,  goods, 
chattels,  cftects  of  all  kinds,  which  the  body  corporate 
may  deem  necessary  to  carry  out  the  objects  of  said  cor- 
poration, which  objects  are  to  mine,  transport  and  sell 
cojjl.  To  sue  and  be  sued  in  all  courts  having  jurisdic- 
tion, to  make,  use  and  have  a  common  seal,  and  the  sape 
to  alter  and  renew  at  pleasure,  and  to  own  such  quantity 


195  1863. 

of  land  in  Shelby  county  or  the  other  counties  in  this 
State,  as  may  bo  Rufficient  to  supply  said  company  \nth 
an  abundance  of  coal  for  its  buwincas. 

Sec.  2.  Be  it  further  enacted,  That  the  capital  stock 
of  said  company  shall  not  exceed  three  hundred  thousand  ^^^^^  ^^^^ 
dollars,  to  he  divided  into  shares  of  one  thousand  dollars 
aach,  which  shares  shall  he  deemed  p(>rsonal  property, 
and  he  trani^-forred  in  such  manner,  and  at  such  places  as 
the  by-l»w8  of  said  corporation  shall  provide  or  direct ; 
Provided,  (ilso,  that  no  stockholder  shall  be  liable  for 
more  than  the  amount  of  his  or  her  stock  in  said  corpo-  {j-llj^^'^'^-  "'»'"*"'' 
ration,  but  shall  be  liable  for  all  debts  to  that  extent, 
during  the  time  he  or  she  may  have  been  a  stockholder. 
Sec,  3.  Be  it  further  enacted,  That  said  company  shall 
have  the  right  to  contract  with  the  owner  or  owners  of 
land  for  the  right  of  way  for  their  tracks  from  their  '  "  ''"'^•■'" 
coal  mines  to  the  Alabama  and  Teimessee  rivers  railroad, 
or  any  other  railroad,  and  for  land  sufficiently  near  said 
railroads  for  coal  depots  and  necessary  turn-outs  and 
tracks,  and  if  tlio  owner  or  owners  of  the  land  recpiired 
for  such  purposes  cannot  a^ree  about  the  same,  then  it 
shall  bo  lawful  for  said  company,  actinp;  through  its 
agents,  to  npply  to  the  clerk  of  tiie  Circuit  Court  in  the 
county  in  wliirji  the  lands  may  be  situated,  for  a  writ  of 
ad  quod  damnum,  who  shall  issue  the  same,  directed  to 
the  sheriff  of  his  county,  commanding  him  to  summon  a,Ui^  '  "^"^^ 
seven  disinterested  freeholders  of  his  county,  and  whose 
duty  it  shall  be  to  attend  the  summons  of  the  sheriff  to 
view  the  premises,  and  assess  tiie  damages  which  the 
owner  or  owners  of  the  land  may  sustain  by  the  condem- 
nation for  the  use  of  said  company,  for  use  of  land  for 
right  of  way  as  aforesaid,  not  exceeding  one  hundred 
feet  in  width  for  each  track,  and  not  exceeding  five  acres 
for  any  coal  depot  or  turn-outs  ;  and  five  of  the  jury 
liall  be  authorized  to  render  a  verdict,  being  first  duly 
vorn  to  render  an  impartial  verdict,  by  any  justice  of 
the  peace  of  said  county.  The  person  whose  land  is 
sought  to  be  condemned,  shall  have  as  much  as  five  days' j<j,^j^ 
notice  of  the  time  and  place  of  the  meeting  of  the  jury  •  •     *, 

♦'^r  the  review  and  assessment  of  damages  ;fPrortV?c</,       4*>»»'>^i«'^ 
ich  party  Cif  dissatisfied  with  the  verdict  of  the  jury,)  ^^pp,,! 
lall  nave  the  right  of  appeal  to  the  next.  Circuit  (ourt 
:  th<*  conntv.     Thf»  inrv   ^^h-ill    r^nd^r  their   verdii^t   in 
uritin  ^n./r.n.i,,,, 

or  hif-       ^ 
'rrnit  Court,  who  shall  pi  imc  m\   •:  ■  '>ffice, 


196 


Vee  t9  vrst 


rowers 


*■«*$**  fit'' 


and  funiiBh  a  certified  copy  of  it  to  the  party  desiring 
and  paying  therefor.  If  no  appeal  shall  be  taken  within 
thirty  days  after  the  verdict  of  the  jury,  the  use  of  the 
lands  sought  to  be  condemned  shall  vest  in  said  compa- 
ny on  payment  of  the  damages  assessed  by  the  jury  ;  the 
cost  of  these  proceedings  shall  be  paid  by  the  company. 
Sec.  4.  Be  it  furthei'  enacted,  That  said  corporation 
shall  have  full  power  to  prescribe  rules  and  regulations, 
appoint  agents,  and  do  all  things  necessary  for  the  gov- 
ernment of  said  company,  not  inconsistent  with  the  laws 
of  the  State  of  Alabama  and  of  the  Confederate  States- 
Approved  December  8,  1863.  * 


No.  264.] 


AN  ACT 


Corporutors 


FoworK,  to. 


Name,  &«• 


Oai<ital  stock 


Officers 


To  incorporate  the  Cahaba  Iron  and   Coal  Mining   Com- 
pany. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  That  Samuel  Wolft',  B.  Tardy  and  Henry  H. 
Ware,  and  such  other  persons  as  now  are  or  may  hereaf- 
ter be  associated  with  them,  are  hereby  constituted  a 
body  corporate,  with  power  to  sue  and  be  sued,  contract 
and  be  contracted  with,  to  hold,  alien  and  convey  real  and 
personal  estate  of  all  kinds,  and  to  have  and  use  a  com- 
mon seal,  and  the  same  to  change  and  alter  at  pleasure, 
to  make  and  create  contracts,  promissory  notes,  drafts, 
bills  of  exchange,  and  other  obligations,  all  of  which 
shall  be  binding  on  said  corporation. 

Sec.  2.  Be  U  further  enacted,  That  said  corporation 
shall  be  known  by  the  name  of  the  Cahaba  Iron  and 
Coal  Mining  Company,  and  may  purchase,  hold  and  en- 
joy property,  may  purchase  and  own  coal  and  iron  lands, 
and  open  and  work  iron  and  coal  mines  in  any  part  of 
the  State  of  Alabama  ;  Provided,  that  the  capital  stock 
of  said  oompanj'  shall  not  be  less  than  fifty  thousand  dol- 
lars, nor  more  than  five  hundred  thousand  dollars,  to  be 
divided  into  shares  of  one  hundred  dollars  each,  to  be 
paid  in  such  instalments  as  may  bo  required  by  the  com- 
pany. 

iHSEC.  3.  Be  it  further  enacted,  That  said  corporate  body 
shall  have  power  to  elect  and  appoint  such  oflScers  and 
agents,  and  to  ordain  ^ndjprovide  such  rules  and  regula- 


197  18«8. 

tions  for  their  governmout  and  conduct,  as  it  shall  deem 
appropriate  to  its  businesp,  not  in  conllict  with  the  con- 
Btitution  of  this  State  and  of  the  Confederate  States. 

Sec.  4.  Be  it  further  enacted.,   That    said  corporation 
shall  have  power  to  open  iron  and  coal  mines,  to  trans- ^»J|^'j|jj'p^j'^"i;|^^ 
port  all  iron  and  coal,  and  generally  to  tlo  all  things  per-      ^  .w-t^fr 
taining  to  the  business  of  mining  and  soiling  iron  and 
coal. 

Sec.  5.  Be  it  further  enacted,  That  as  soon  as  the 
books  are  opened,  and  the  sum  of  fift}'  thouBand  dollars  '"'  "'*^"""''' 
is  subscribed,  die  company  may  organize  and  go  into 
business,  and  may  be  conducted  by  such  directors  or 
officers  or  agents,  as  may  be  prescribed  by  their  by-laws, 
which  shall  be  adopted  by  the  stockholders  in  general 
meeting. 

Sec.  6.  Be  It  furtJier  enacted,  That  the  company  shall 
have  a  lien  on  the  stock  of  oacli  individual,  for  the  in- li,b .m no. u 
debtedness  of  such  stockholder  to  the  company,  whether 
as  principal  or  security,  and  if  any  stockholder  shall  be 
indebted  to  said  company,  or  shall  fail  to  pay  his  sub- 
scription as  the  same  shall  be  called  for,  a  jiidgmeut  may  Unt^wt^r 
be  had  against  him  in  favor  of  said  company,  in  any  ol 
the  courts  of  this  State,  by  motion  and  ten  days'  notice. 

Sec.  7.  Be  it  further  enacted.  That  the  individual  lia- 
bility of  any  stockholder  shall  not  extend  beyond  the  i'>')V""y "' *""^'< 
amount  of  stock  subscribed  by  him,  but  each  stockholder 
shall  at  all  times  be  liable  to  said  company  or  to  the 
creditors  of  the  company,  to  the  full  extent  of  his  sub- 
scription not  actuall}'  paid  in. 

Approved  December  8,  1863. 


No.  265. J  AN  ACT 

To  incorporate   a  Mining  and   Manuf!?ctnnng  Company. 

Whereas,  Isaac  .1.    '^'  '>.   L.  Wy- 

man  and  Henry  C.  M  Ivt'S  into  a  rrrambi« 

company  for  the  purpose  of  mining  and  manufacturing 
iron,  and  whereas  for  more  convonicutly  carrying  on  the 
operations  of  said  company,  the  said  partitas  desire  an 
act  of  incorji      ' 

Section  1 .  voted,  by  the  Semilo  and  Hovfie  of  Hep- 

reseniatives  of  the  ISiate  of  A'  ^'ly 

oonvfncd,  That  the  said  Isaac     .  .       .,,„c.rpor.u.r» 


hoMprp 


*^v 


1863. 


198 


Kamc 


Prlvllsgns,  fif. 


i«lhf**l'>*' 


Capital  BiocK 


DirootoiR 


rresident 


Officers 


Object 


Charter  {nrfcito 


B.  L.  Wyman  and  Henry  C.  MoBes,  and  such  pergons  m 
they  may  hereafter  asBOciate  with  them,  and  their  suc- 
cessors and  assigns,  shall  be,  and  are  hereby  created  a 
body  corporate  and  politic  by  the  name  and  style  of  the 
Calhoun  Iron  Works,  and  by  that  name  shall  be  capable 
in  law  of  suing  and  being  sued  in  'any  of  the  courts  of 
this  State,  or  of  the  Confederate  States,  to  have,  hold, 
purchase,  seize  and  retain  to  them  and  their  successors, 
lands,  tenements,  hereditaments,  goods,  chattels  and  ef- 
fects of  all  kinds  whatsoever,  and  the  same  to  grant,  de- 
vise, alien  and  dispose  of  at  pleasure,  and  also  to  make, 
have  and  use  a  common  seal,  and  the  same  to  alter  and 
renew,  as  they  may  deem  proper,  and  also  to  make,  or- 
dain and  establish  such  by-laws,  ordinances  and  regula- 
tions as  shall  seem  necessary  and  convenient  for  the  gov- 
ernment of  said  corporation,  not  being  contrary  to  the 
laws  of  this  State  or  of  the  Confederacy,  or  repugnant 
to  the  fundamental  laws  of  this  corporation,  and  general- 
ly to  be  vested  with  all  the  rights  and  powers  which 
usually  appertain  to  corporate  bodies. 

Sec'.  2.  Be  it  further  enacted,  That  the  capital  stock 
of  said  company  shall  be  fifty  thousand  dollars,  in  shares 
of  one  thousand  dollars  each,  with  the  privilege  of  in- 
creasing the  same  to  three  hundred  thousand  dollars. 

Sec.  3.  Be  it  further  enacted,  That  the  business  of  said 
company  shall  be  managed  by  a  board  of  directors,  to  be 
elected  by  the  stockholders,  each  share  havi"g  one  votfe, 
which  may  be  voted  personally  or  by  proxy.  The  said 
board  of  directors  shall  consist  of  three  stockholders,  to 
be  elected  annually,  and  to  hold  their  offices  until  their 
succespors  are  elected  and  qualified. 

Sec.  4.  Be  it  further  enacted,,  That  said  board  of  di- 
rectors shall  annually  elect  from  their  number  a  Presi- 
dent, by  whom,  and  by  whose  authority  all  the  contracts 
of  said  company  shall  be  signed,  and  he  shall  hold  his 
office  until  his  'successor  is  elected  and  qualified. 

Sec.  5.  Be  it  fufther  enacted,  That  the  said  board  of 
directors  shall  elect  such  subordinate  officers  as  they  may 
deem  e-xpedicnt,  who  shall  hold  their  offices  during  the 
pleasure  of  the  President  and  directors,  and  no  longer. 

Sec.  6.  Be  it  further  enacted,  That  the  business  of  said 
corporation  shall  embrace  all  the  business  required  for 
the  mining  and  manufacture  of  iron. 

Sec.  T.  Be  it  further  enacted,  That  said  cotnp  my  must 
,^^go  into  operation  in  two  years  from  the  passage  and  ap- 
proval  of  this  act,  or  forfeit  their  chartered  rights^ 

Approved  Decembeir  8, 1863. 


199  .       :.    ,        1863. 

No.  266.]  AN  ACT  ^^^^?S(f' 

To  incorporate  the  Selma  Iron  Works. 

Section  I.  Beit  eruxded  by  t}\£  Senate  and  House  o/Mep- 
resentatives  cf  the  Stait  of  Alabama  in  Gena'ol  Assembly 
cvtivened,  That  H.  H.  Ware,  C.  E.  Thomaa,  W.  M.  Smith,  o,,.„„,i^„ 
C.  G.  WajTie  and  F.  A.  Woodson,  and  such  others  us 
raa>'  be  hereafter  associated  with  them  for  the  purpose 
herein  named,  and  their  yuccespors  in  oflice,  are  hereby 
declared  a  bodj  pohtic  and  corporate,  by  the  name  of 
the  "  Selma  Iron  Works,''  and  by  that  name  shall  bo  ca- 
pable in  law  of  suing  and  being  sued  hi  any  of  the  courts 
of  law  and  equity  in  this  State  aa  a  natural  }^)erson.  They 
shall  have  power  to  purchase,  hold  and  enjoy  real  and 
pergonal  estate  of  an}'  description  whatever,  and  may 
dispose  of  the  same  at  pleasure,  and  shall  have  power 
to  generally  do  and  perform  any  and  every  act  necessary 
to  be  done  to  carry  into  eifect  the  objects  of  this  charter, 
not  inconsiBtent  with  the  laws  and  constitution  of  this 
State  and  of  the  Confederate  States.  They  may  havo; 
and  use  a  common  seal,  and  alter  the  same  at  pleasure. 

Sec.  2.  Be  it  further  enacted,  That  the  capital  stock  of 
said  company  shall  and  may  consist  of  the  real  and  por-^»'^J^'^*J"**"' 
sonal  estate  owned  and  occupied  by  C.  E.  Thomas  &  Co., 
as  afoundry  situated  in  the  city  of  Selma,  and  such  other 
personal  and  real  estate  as  said  company  may  think  for  ^^^^  .^,^^ 
their  interest  to  purchase,  have  and  hold,  not  to  exceed 
in  value  the  sum  of  five  hundred  thousand  dollars. 

Sec.  3.  Be  it  further  enacted.  That  said  capital  stock 
««hall  not  bo  less  than  one  hundred  thousand  dollars,  and  taT, X"'       "^ 
shall  be  divided  into  shares  of  one  hundred  dollars  each, 
and  may  bo  increased  at  any  time  to  five  hundred  thou-  - 
sand  dollars,  and  said  stock  shall  be  deemed  and  held  in  , 
law  as  personal  estate. 

Sec.  4.  Be  it  further  enacted,  That  said    stockholrlers  ^^  ^^^^ 
may  elect  a  board  of  directors,  to  consist  of  not  loss  thnu 
three  or  more  than  seven  in  number,  said  directors  to  be  u„v,  „.„^„, 
elected  by  the  stockholders,  under  rules  to  be  prescribed 
by  the  corporators  thereof:  when  said  directors  shall  be 
80  elected,  they  may  from  tlieir  own  number  elect  aPrcs-pre^idaai  ..  ^^0^ 
ident,  who  shall  hold  his  oflicf  l'..r  one  year,  and. until  his 
successor  shall  be  elected.     S,iid  board  of  directors  shall 

have  power  to  elect  all  afrenta  nece--  "  ^-  ♦' ■•y  ou  theurV"  '    '*''^'* 

business  of  the  company  ;  they  sh;  or  to  re- 

quire bonds  from  all  officers  and  ageui?  01  iiic  >  ompany, 


1868. 


prescribe  the  duties  of  all,  and  remove  any  officer  or 
agent  at  pleasure  ;  they  shall  have  power  to  prescribe 
rules  and  regulations,  and  generally  to  do  and  perform 
all  things  which  a  natural  person  could  do,  in  order  to 
the  proper  prosecution  of  their  business. 

Sbc.  5.  Be  it  further  enacted,  That  said  corporation 
oio«ci  to  vi^art  shall  have  power  to  manufacture  any  and  every  thing 
that  is  made  of  iron,  brass,  copper,  lead,  zinc,  or  any 
another  metal,  and  to  manufacture  any  thing  that  is 
made  of  wood,  and  especially  to  make  castings,  and  roll 
iron  of  all  sorts. 

Sec.  6.  Be  it  further  enacted,  That  said  corporation 
shall  and  may  exist  for  thirty  years  from  the  passage  of 
this  act,  and  that  the  whole  assets  and  property  of  the 
corporation  shall  bo  liable  to  its  creditors  for  the  debts 
of  the  same,  and  each  stockholder  shall  be  liable  to  cred- 
itors for  his  stock  not  paid  up. 

Approved  December  8,  1863. 


IJBlllallan  anil 


No.  267.] 


AN  ACT 


/« 


>^vv. 


^  '    ■  /^y¥'        To  incorporate  a  Rolling  Mill  Company. 

Whereas,  John  D.  Gray,  Isaac  J.  Moses,  B.  L.  Wy-^ 
,^,,,,  man,  Henry  C.  Moses,  W.   C.Bibb,  E.  H.  Metcalf  and'** 

A.  J.  Rogers  have  formed  themselves  into  a  company  for  Ji 
the  purpose  of  doing  the  business  generally  done  in  a^ 
rolling  mill,  and  whereas  for  the  more  conveniently  car-* 
rying  on  the  operations  of  said  company,  the  said  par- 
ties desire  an  act  of  incorporation  : 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  AssemUy 
convened,  That  John  D.  Gray,  Isaac  J.  Moses,  B.  L.  Wy-*^ 
man,  Henry  C.  Moses,  W.   C.  Bibb,  E.  H.  Metcalf  and'^ 
A.  J.  Rogers,  aud  such  persons  as   they  may  hereaf- 
ter associate  with  them,  and  their  successors  and  as- 
signs, shall  be,  and  are  hereby  created  a  body  politic 
and  corporate,  by  the  name  and  style  of  the  Montgom- 
ery Rolling  Mills,"  and  by  that  name  shall  be  capable  in 
law  of  suing  and  being  sued  in  any  of  the  courts  of  this 
State  or  Confederate  States,  to  have,  hold,  purchase,  to  • 
seize  and  to  retain  to  them  and  to  their  successors,  lands,**^ 
tenements,  hereditaments,  goods,  chattels  and  effects  of^ 
any  kind  whatsoever,  and  the  same  to  grant,  devise,  alieij^ 


C»rpi>rat*i  < 


MauM 


INlWATg .  J«J 


201  1863. 

and  dispose  of  at  their  pleasure,  and  also  to  make,  havo 
and  use  a  common  yeal,  and  the  same  to  alter  mid  renew 
as  they,  may  deem  proper,  i-nd  to  make,  ordain  and  os- 
tablidh  sncii  by-laws,  ordinances  and  regnlalions  as  sliall 
scom  neccsaary  aixd  co^ivcnient  lor  the  government  ol' 
said  corporation,  npt  being  contrary  to  the  hiAvs  of  this 
State  or  Confederacy,  or  ropugnaut  to  the  fundamental 
laws  of  this  corporation,  smd. generally  to  be  vested  with 
alt  the  riglits  and  p.o.wera  wiiioli  usually  appertain  to 
corporate  bodies. 

Sec.  2.  Beit  further  enacted,  That  the  capital  slof k ,,^^J,^^^,  ^^.^^. 
of  said  company  shall  be  one  hundred  and  lifty  thousand 
dollars,  in  shares?  of  one  thousand  dollars  each,  with  tho 
privilege  (»f  increasin.u-  <')"  -'"ck  to  five   hundred  lliou- 
siuid  dollars. 

Sec.  3.  Be  it  further  i.'n'jcfcd,  That  the  businCf^s  of 
said  compjiny  shall  be  managed  by  a  board  of  directors,'^"""'''""* 
to  ,be  elected  by  the  stockholders,  each  share  having  one 
vote,  which  may  be  voted  personally  or  by  proxy  <  that 
the  said  board  of  directors  shall  consist  of  three  stock- 
holders, to  be.  elected  auuualiy,  and  to  hold  their  office 
until  their  .successors  are  elected  and  qualilied. 

Sec.  4.  Be  it  further  cnact'ed,  That  said  board  of  di- 
rectors shall  an nn ally  elect  from  their  number  a  Presi- '"'^"'''""^ 
dent  by  whom  and  by  whose  authority  all  the  contracts 
of  eaid  company  sluill  be  signed,  and  said  President  shall 
]iol4  his  office  until  his  successors  are  elected  and  qualified . 

,Seo.  5.  Bt  if  f:rr!J,rr  e^/ac^cJ,  That  the  said  board  of 
directors  shall  \  er  they  deem  the  business  of  said  d'AV," 

company  rcquii  u^  il,  olect  si^ch  subordinate  officers  as 
they  deem  necessary,  an^  the  said  subordinate  otli' 
cers  shall  hold  their  offices  during  the  pleasure  of  the 
Pre*sidoiit  and  directors  and  no  longer. 

i;Eg.  (i.  Be  it  /'urthn\€)iadcd.  That  the  shares  of  said^,^^   ^.^ 
corporation  shall  not  be  transferrablc  without  consent  of 
the  majority  of  the  stockholders  voting  by  shares,  which 
consent  shall  be  recorded,  in  the  stock  book  of  syiid  r-ofn- 
pauy,  in.  which  the  transfer  is  made. 

Sec.  7.   Be  Ufuri/ier  enacted,    That  the    business   oi 

lid  corporation  shall  embrace  all  the  business  required 
for  the  manufacture  of  iron. 
Apj)rovcd  December  8,  186;>. 


26 


1863, 


202 


Cflrporutors 


Nun* 


Powers,  &c 


Object 


IjOoation 


Coutrol 
WAtei-,  k.- 


Pr«vont  llsblug, 
Jbo. 


Sbar.-^ 


T«ta 


Ho.  268.]  AN  ACT 

To  ihcorporatc  the  Oakluskec  Mainifactiiriug-  Company. 

J^ECTiox  1.  Be  if  enacted  by  the  Senate  and  House  of  Rep- 
resentatives of  the  State  of  Alabama  in  General  Assembly 
convened,  Tluit  Benjamin  J.  Wilson,  together  Avith  such 
other  persons  as  may  liereat'ter  be  a.s.>«ociate(I  with  him, 
and  their  successors  be,  and  they  are  liereby  made  and 
constituted  a  body  corporate  in  fact  and  in  name,  under 
the  name,  style  and  title  6f  "The  Oakfuskee  Manufac- 
turing Company,"  and  by  that  name  sliall  be,  and  are 
hereby  made  able  and  capable  in  law  to  have,  hold,  re- 
ceive, purchase,  possess  and  enjoy,  to  them  and  theiv 
fciUCCBSsors,  all  real  and  personal  estate,  of  whatpver 
kind  or  amount  said  corporation  may  deem  necessary  to 
carry  all  the  objects  of  said  corporation  into  full  force 
and  effect,  and  may  sell,  grant,  convey  or  otherwise  dis- 
pose of  the  same  ;  and  ihay'sue  and  be  sued,  plead  and 
be  impleaded,  answer  and  be  ansAvered,  defend  and  be 
defended,  in  all  courts  having-  competent  jurisdiction  ;  to 
make,  use  and  have  a  common  seal,  and  the  same  to  alter, 
break  and  renoAV  at  pleasure,  and  to  do  all  other  acts  in- 
cident to  a  body  corporate  and  politic. 

Sec.  2.  Be  it  further  enacted,  That  the  objects  of  said 
corporation  shall  be  the  manufacture  of  wool  and  cotton 
into  thread  or  cloth,  the  manufacture  of  meal,  flour,  lum- 
ber, 'ghingles,  boards,  or  such  branches  or  parts  thereof 
as  they  see  proper  to'dngage  in.  The  place  of  business 
shall  be  at  Wilson's  factory,  in  Randolph  county,  Ala- 
bama ;  and  to  enable  the  said  Benjamin  J.  Wilson  to 
carry  out  the  purposes  of  this  charter,  he  and  his  asso- 
ciates and  successors  may  control  and  use  the  water  of 
the  Big  Tallapoosa  river  by  locks,  dams,  canals,  or  oth- 
erwise, for  manufacturing  purposes  generally  ;  and  to 
secure  tli^ir  jjroperty  Mgaihst  loss  by  lire  or  other  inju- 
ries, may  prevent  persons  from  fishing  in  the  river  oi- 
pond,  at  or  near  their  mills  or  factory  in  the  night,  or 
make  fires  at  any  time  within  threie  hundred  yards  of  the 
factory  buildings.  '  •  . 

Sec.  3.  Be  it  fiirthh-  enacted,  That  said  body  corpo- 
rate shall  have  })ower  to  prescribe  the  number  of  shares 
into  Avhich  the  capitid  stock  of  said  corporation  shall  he 
divided,  the  mode  in  Avhichit  shall  be  taken,  paid,  trans- 
ferred or  assigned,  and  also  to  provide  the  mode  by  which 
stockholders  may  vote,  ;jnd  the  number  of  votes  to  '^y^hicli 


203  18W* 

cacli  pliare  shall  be  entitled,. that  the  rules  adojitcd  shall 
he  uniform,  equally  securiu}^  the  rights  of  cae-h  stockhold- 
er :  and  also  to  provide  ibr  tUe  election  ,of  such  officers  (oncers 
as  may  be  <leoniod   nece>^t;ary  for  the  government  ;\nd 
manap:ement  of  tlie  aftair.s  of  said  corporation  :  to  ordain, 
establish  and  put  In  execution  such  by-laws,  ordinances  wyuws 
and  resolutions  as  they  shall  deem  uQcessury  and  expe- 
dient for  the  j^^overnment  of  5*aid  corporation,  not' being 
inconsistent  with  the  constitution  and  laws  of  the  State 
of  Alabama,  or  of  the  Confederate  States:  and  in  gene- 
ral to  do  ai^d  exec-ute  all  and   singular  the  acts,  matters 
and  things  which  may  be  necessary  for  mnnufacturing, 
subject  to  such  restriction  as  may  be  hereafter  imposed  ursitrioiioR 
by  the  Legislature,  not  inconsistent  with  the  objects  fpr 
which  this  act  of  incorporation  is  granted. 

Skc.  4.  Be  it  further  enacted ,  That  if  officers  arc  not    * 
elected  by  the  stockholdors.  of  said  corporation  on  the  i,'-jj|^!,';Vi""^^"'' 
day  fixed  liy  Ihc  by-laws  or   ordinances,  the  corpqration 
shall  not  for  that  cause  be  dissolved  ;  and  it  shall  be  law- 
ful to  hold  said  election  on  some  (itiior  day,  .vccording  to 
the  by-laws  of  said  corporation. 

Sec  5.  Be  it  further  enacted.  That  if  anv  person  shall 
ardent  spirits  or  intoxicatnig  liquors  wjtliin  one  milp  pvohibno<t 
of  the  factories  or  mills  of  said  corporation,  by  the.  r«^- 
lail  or  otherwise,  such  person  or  persons  shall  be  subject 
to  indirtment  in  the  Circuit  Court  of  the  county  in  which 
the  selling  or.  retailing  may  be  done,  and  may  be  liable 
to  all  1h(i  pains  and  penalties  by  the  laws  then  in  force, 
lonccrning  retailing  without  license,  except  for  medici- 
nal purposes.  . 

Skc.  (h  Be  it  furth(f{'  cndctc(f,  That   said  cbi-ponltion  ^  ,    .. 
shall  not  exercise  baTiking  privileges,  but  is  authorr/en 
to  carry  the  foregoing  granted   ])owers   into  execution, 
according  to  the  true  int(>,nt  and  meaning  thereof. 

Approved  December  S:,  1803. 


No.  260.1  AN  ACT 

To  incorporHto  the  Dalhxs  Oil  Works. 

SEt." riox  1 .   Be  it  rnarfeft  hij  the  Senate  and  Hom^e  of  Brv- 
reseniatirrs  of  the  State  of  Alahama  in  General  Asxemhiy 
ronve.nr,t.  That  C.  K.  Thames,  C.  0.  Wavne,  J.    C.  Cra- . 
ham,  P.  ir.   r...lson,  H.  H.  Ware,  N.  Waller.  A.  PeLofTe,  " 
J.  Brady  and  J.  W.  Lapslcy.  of  Dalla'^  county,  and  their 

future  associates  and  successors,  be  and  they  arc  hereby 

•  »-    I  ', 
r  » 


por.'ilorK 


1863. 


NNirae 


Directors 
I'ltlcerti. 


Voi« 


QaorHn 


ilny  h«!fl  pro 
perty. 


204 


created  a  body  corporate,  by  tbe  name  of  "The  Dallas 
Oil  Works,"  and  in  and  by  that  name  shair  haVe  contin- 
ual succession,  and  may  sue  and  be  siied,  contract  and  be 
contracted  with,  have  and  use,  and  alter  at  pleasure,  a 
common  seal ;  may  enact  all  by-laws  and  regulations 
deemed  proper  in  and  for  the.  conduct  and  mana}j;eii^ent 
of  their  affairs,  and  change  or  repeal  the  sahae  at  pl6f- 
sure  ;  and  may  appoint  or  elect  annually,  or  at  such  btn- 
er  time  or  times  as  they  may  deem  proper,  a  board  of 
directors  and.such  officer  or  officers  as  thoy  may  det^>r- 
mine  ;  and  may  confer  on  the  board  of  directors  (who 
?»hall  be  members  of  the'  coi-poration),  and  otfiCcrs  to  be 
appointed  or  elected,  such  powers,  and  impose  i^uch  du- 
ties as  may  be  prescribed  in  and  by  the  laws  of  the  cor- 
.  poration,  not  inconsistent  with  the  laws  and  V;onstitution 
of  this  State,  or  of  the  Confederate  States.  Hie  prbper 
R«sin<>i«R  and  legitimate  business  of  said  corporation  is  hiereby' de- 

clared to  be  to  manufacture  oil  and  such  other  article  or 
articles  as  may  be  nuide  from  materials  used  in  the  man- 
ufacture of  oil,  and  to 'dispose  of  the  Pame.        V,.;     '■ 

Sec  2.  Jk  it  fur t/ie-r , enacted,  That  the  .;a}jiiaf  stock  of 
(■«pii.iUio<;k.  the  company  shall  be  of  8\ich  amount  i^s  shall  be  fixed 
by  agreement  among  the  corporators,  ;n6t' less  than  twen- 
ty thousand  dollars,"'nor  more  than  one  hundred- thousand 
dollars,  to  be  divided  into  shares  of  such  amount  as  may 
be  fixed,  by  agreement,  or  by  the  by-laws  of  the  corpo- 
ration. Every  corporator  or  stockholdeV  shalV  in  all 
conventions  of  the  corporators,  be  entitled  to  one  vot(> 
for  every  sliare  of  stock  owned;  and  it  shall  require' a 
representation  of  a  majority  of  all  the  stock  of  the  cor- 
poration, by  tliQ  owner  of  the  stock,  or  by  his  dul^  au- 
thorized agent,  to  constitute  n  quorum  in  conv(m(ioti  or 
meeting,  for  the  transaction  of  business.^         .  >-    [       ..  ■ 

Sec  3.  Be  it  furtJier  enacted,  That  the  Siifd  c^Vpoi'a.tion 
«j  shall  have  the  right  to  purchase  and  own  all  such  prop- 
erty, real  or  personal,  as  "may  be  needful  and  convenient 
in  the  business  of  the  corporation,  to  be  determined  by 
corporators  in  convention,  or  by  the  board  9f  directors 
to  be  chosen  by  them,  Avith  power  to  sell  and  convey,  or 
otherwise  dispose  of  the  same.  The  corporators  8hali 
have  power  to  admit  new  members  of  the  corporation, 
as  they  may  deem  proper,  and  on  such  terms  as  the_y 
ma}:  prescribe  :  P?-oriVZftZ,  nothing  in  this  act .  shall  au- 
thorize the  corporators  to  invest  more  than  twenty  t^o^v 
sand  dollars  in  the  purchase  of  real  estate,    ' 

Approved  Novembpr  28,  1863, 


'205  Mt 

No.  270J  AN  A^T 

To  incorporate  ii,     ,  ...  :  F:(.'i;.:-lit  Forv.Mi 'Tine  Company. 

Section!.  JJc  it  cuadcdhy  tii<-iSui((U(i/-(i  HounofM^v- 
h'sentalives  of  thr  State  of  Alahama  hi  Gcufj-al  Assembly 
convaiec^,  Tluit   W.  H.  B:irnot>,  J-  J'^-  Simpson,  S.  S.  Bai--,.,.r.oiatoiR 
naby,  J,  M.  Willis.  J.  J,  Arriu^lon,  Sam"l  BL.  Cliilcs,  J. 
C.Lopez,   W.,  W.  Himpdon,   P.  H.  IBrittun,  and  Barnett 
Pliillips,  nnd  tlicir  tisjipciato?,  sucoest^ors  and  assigns*,  be, 
and  they  aic   hereby  dt'Ciured"  to  be  a  body,  corporate 
au'd  politic^  bjf  the  uarae  of  the  "  Fast  Freight  Forward-  n-""- 
irig  Companj-,"  of  thg   Conft^derate   Status,. (or  the  pur-objc-d  »n.i 
pose  of  doing  a  ^cnei-al    furwardin,:;-  .biisinesB  over   the '""''''''''• 
several  railroad  and  steaaiboat  lines,  or  .other  modes  of 
conveyi»,nco  that  may  be  deemed  dc-^irable,  in  the  Con-^ 
Cedefate  States  of  America,  auc^  by  that    n»mc   contract 
and  be  contracted  with,  awe  and  bo  sued,  plead  and  be 
impleaded,  ^n  tui^'  coiirt  of  law  antj,  equity  \vlif».tS9ever  ; 
and  may  make,  a'u(l  have,  aiid  use  a  totnm,ou  seal,  to  be 
changed  at  plea^5uro.  ;■'•!>      •    ■     .    >    ;  i 

Sec,  2.  Be  if  furtler  cnaxited^  iThat  the  capital  stock  of 
this  company  shall  be  two  hundred  and  fifty  thousand  , ■„,,;,«!  >„„.). 
dollars,  divided  into  twenty -five  .hundred*  shijares  of  one 
hundred  dollars  each,, and  in  cave.  ^tliQ  ^avcl^  capital  stock 
be  found  insufficient  for  its  purposes,  this  conapany  miw 
increa;tO  its  eapjtal  stock,  from  time  to  time,  to  suoh 
Amount  as  may  be  .dpemcd  necessary  for  the  purposes 
atbresiijd,  not  exceeding  one  million  of  dolhirs  ;  such  in- limuMiim 
creii^c  must  be  sanctioned  by  a  vote,  in  person  or  by 
proxy,  of  two-fhirds  in  amount  of  stock  of  tl^e  coippauy 
presoil.  reseutcd,  af^  a  ^meeting  .ot.iSiuch  •  stock- 

holders, I  .  \  . 

Sec,  3.  Be  il  furtJi^r  fitictcted,  Th.Ai.  f^is  6onipany  shall  ^.^^  ,<,,...niniam,« 
not  commence  business  until  its  capital  stock  is  fully  onni -lUk  s«i.- 
subscribed,  and  one  hijudrgd  thouaayd  dollars  of  the '"'"''""'^' 
same  actually  paid  in.  ,*  .  i. 

Sec,  4.  Be  it  /ur/Aer  crwx^id?,  That -this  coiupaoy  shall 
have  power  to  do  a  forwarding  business,  by  land  or  by  rn'rwlirtrnt; 
water,  fcM'  the  carrying -of  goode,  wares,  and  merchan- 
dize of,  all  kinds,  and  generally  ^dl  such  other  descrip- 
tions, or  modes  of.  conveyaneiv  of  property,  as  may  be 
required  or  deemed  advii^able  by  the  said  company, 
from,  to,  and  between  any  places  in  the  Confederate 
St^.t^s,  hj^.thoii:  own  conveyance  or  tlipse  of  other  per- 
sons, and  to  create  *and  organize  branch  agencies  for  the  ic'>nc»<» 


18^3.  206 

r  ""'J 

^'*""~.'  same  purpose  :  and  to  kire,  establish  and  maintaui  storQ- 
houses,  warehouses  and  other  buildings,  and  to  purchase 
lands  to  build  thereon  such  store-houses,  and  other  build- 
ings as  may  be  required  for  the  safe-keeping  of  anything 
entrusted  to  them  for  conveyance  ;  and  shall  have  power 

mm\  insiiro  to  indemnify  themselves  by  insurance  against  losses  or 
damage  by  fire,  or  the  risk  of  navigation  in  the  trans- 
portation of  any  goods,  wares,  or  merehandizo,  or  other 
property  in  their  custody,  received  by  thoin  for  trans- 
portation, or  held  by  them  as  their  property  ;  Provided, 

h^Ji'i^fc/'"^  said  company  sliall  at  all  times  be  liable  lor  losses,  de- 
faults, and  mi.^carriages  to  the  same  exten^as  other  com- 
mon carriers  in  this  State  are  liable;  and  whenever 
goods  or  other  articles  are  forwarded  by  them  on  rail- 
Mads,  or  other  conveyances  not  their  own,  they  shall  an- 
swer for  the  negligence,  default,  or  miscarriage  of  siich 
#  rail  road,  or  other  conveyance,  to  the  same  extent  as  if 
they  were  the  owners  thereof. 

Sec.  5.  Be  it  furfher  enacted,  That  the  prnicipal  ofSce 

prmfipai  (fflce  ^^f  f,^i(j  company  shall  be  kept  at  Atlanta,  Georgia,  un- 
less the  same  be  changed  by  a  vote  of  two-thirds  of  the 
directors,  at  a  meetiig  called  for  that  purpose,   to  any 

Pni-vi.  ofTirrK     othcr  plucc,  and  the  said  company  may  establish  as  many 
braubh  or  loo^d  offices  as  their  business  may  r.equire. 
Sec.  6.  Be  it  further  enacted,  That  the  regular  meet- 

u-r^whershim^  ''^^^  ^^  *^^^'  ^'0'"'^  ^'>^  dircctors  of  said  company  shall  be 
had  at  the  principal  office  of  the  company.  Special 
meetings  of  its  dircctors,  for  the  transaction  of  bnsincss, 
may  be  liad  at  any  place  which  the  majority  of  the  di- 
rectors, witfli  the  approval  of  the  President,  ma}^  appoint. 
Sec.  7.  Be  it  further  enacted,  That  if  the  said  compa- 

f*elju/«jt)«-rti.  "3'  shall  have  unclaimed  freight  or  baggage,  not  por- 

p.)«edrr.  ishablc,  in  its 'possession,  for  the  period  of  at  least  one 

year,  it  may  proceed  to  sell  the  same  at  public  auction, 

Kotice  after  giving  notice  to  that  effect,  in  one  or  more  news- 

papers published  in  tlie  State,  or  at  the  place  where  such 
goods  are  to  be  sold,  ohcQ  a  week  for  not  less  than  four 
weeks,  and  shall  also  keep  a  notice  of  such  sale  posted 
fot  the  same  time,  in  a  conspicuous  place  in  the  princi- 
pal office  of  the  said  company,  said  notice  shall  contain 
as  near  as  practicable,  a  description  of  such  freight  or 
baggage,  the  place  and  time,  v/hen  and  where  left,  to- 
gether ^vith  the  name  and  residence  of  the  owner  or  per- 
son to  whom  it  is  consigned,  if  the  same  be  known  ;  Pro- 

Nan^to^i.ip.n-r'^"^^^'  ^^^^  ^^^  ^^^^  ^^^^^  *^^°  placc  uutil  thirty  days  pre- 
vious noticed  shall  be  given  to  the  shippfer  or  consignee  df 


207  186^ 

such  articles,  or  an  aflSdavit  sliall  bo  filed  that  they  re- 
side out  of  this  State,  or  that  they  are  unknown  to  the 
principal  officer  of  said  corapau}',  and  on  diligent  enquiry 
could  not  be  found. 

Sec.  8.  Be  it  further  cuacicJ,  Tluit  all  mouoys  arising 
from  the  sale  of  freight  or  baggage  as  aforesaid,  al'tor  Diai^siuun  ..i 
deducting  therefrom  charges  and  expenses  for  the  trans- ''"'""*'^'' '"  "'■'' 
portation,  storage,  advertising,  comniiissions  for  selling 
the  property,  and  anv  umomit  previously  paid  for  ad- 
vances on  such  freiglit  and  baggage,  shall  be  paid  by 
the  company  to  the  persons  entitled  to  receive  the  same, 
and  the  said  companv  shall  keep  books  of  record  of  all 
such  sales  arf  aforesaid,  i-ontaining  copies  of  such  notices, 
propf  of  advertisement  and  ])osting,  affidavit  of  sale,  with  , 

the  aijiount  for  which  earli  parcel  sold,  the  total  amtmut 
of  charges  against  such  pareel,  and  tht^  amount  held  in 
trust  for  the  owner,  which  byoks  shall  lie  opened  for  in- 
spection by  claimants,  at  the  principal  office  of  Iho  said 
company,  and  at  the  office  where  the  sale  was  made,     • 

Sec.  'J.  Be  It  further  enadeil,  That  in  addition  to  the 
stock  and  the  propert\'"of  said  compiiny,  eaeh  stockhold-'|^*^'^^'^'^'>'''^''''"'* 
or  shall  be  individually  liable  for  all  debts,  defaults  iind. 
miscarriages  of-said  company  accruing  while  )ie  is  a 
stockholder,  to  an  amount  equal  to  the  amount  of  stock 
owned  by  him  at  the  time  of  the  creation  of  sai^  debtor 
accrual  of  liabilities.  '  ' 

j5i:c.  10.  Be  it  further  cjiarted,  That  the  fiscal  year  of 
this  company  shall  commence  on  the  first  day  of  January '•'*''^' )'»'"»'"' 
in  each  year,  and  terminute  on  the  last  day  of  December  im"^* 
in  each  year,  ami  the  duration  of  this  charter  shall  be 
twenty  years. 

Sec.  11.  Be  it  further  enacted,  That  the  corporate 
powers  of  this  company  shall  be  vested  in  and  exercised  i"|'M.i, 
ny  a  l^oard  of  directors  of  this  company,  to  consist  of  the 
ylectivc  officers,  agreeably  to  the  by-laws  of  said  com- 
pany, whc)  shall  hold  their  office  until  others  shall  be  elec- 
ted in  their  places,  as  hereinafter  provided. 

Sec.  12.  Be  it  further  enacted,  That  every  election  of 
directors  of  tliis  company  shall  be  held  on  the  first  Mon-^-''"''^"'"'f  '''f' 
(lay  in  August,  each  year  subsequent  to  tJie  year  one  «iier.!i*i. 
thousand  eight  hundred  and  .-ixty-threc,  in  the  city  oJ 
Atlanta,  or  wherever  the  principal  office  may  bo  located, 
as  the  board  of  directors  for  the  time  boing  shall  appoint, 
and  public  notice  ehall  be  givtu  by  ilio  said  directors  iu  n.,,io. 
at  least  tWo  of  tho  public  newspaper*  printed  iu  the  city 
of  AtJanta  or  whororer  tho   principal  ofl5ce  may  be  lo- 


1863. 


20,8 


Vacancy, 


ili>os  not  uw.-:olx  o 


Vice-prosiiioiit 
liow  olucUd 


Vote  of  Ktoc 
holaor    . 
t 


Kligibility  of  <U 

lOClOIK. 


S^^crntarit•e  ;ind 
othor  ofllcors. 


cated,  at  least  t\iree  timpsin  each.>veek  for  tw®  succjss- 
hHq  vreoks  iuimMiatelj''.|^'oti^(fm|:^'tii^,  finlO  of  holdiji^ 
such  election,!  ijiud  the'  &iii'd*electioiV'«hall  bo  made  by 
i^uch  shareholdb'rs  of'this  company  a's  shall  attend. for 
that  purpose,  either  iu  peri«oii  or  by  p>6ky,  uud  elections 
for  directors  shall  bo  by  ballol,  r.nd  ^liall'  be'  conduti'tod, 
by  two  or  more  inspectors,  noithor  of  said  int!pect6r« 
ahJill  be  'a  director  or  olhcer  of  tlii.s  coti'ipauy^  I'he  five 
persons  who  shall  have  the  greatest  nunibpr  of  votes 
sirall  be  directors,  and  within  one  week' "af(<ir't^»e  elec- 
tion, they  shall  proceed  to  dlect  by  ballot  one  'of  their 
uiiraber,  who  shall  be  their, president  and  the  president 
o'f  this  cpnipany,  and  whenever  any  vacancy  shall' hap- 
pen by  death,  rei^ignation  or  otlierwise,  such'  vacanp^  or 
vacancies  may  Itie  filled  for  the  remaitidor  of  the  year'i^ 
w"hich  the  same  shall  happen,  by  the '  remainder  t)'f,  tlie 
directors  or  a  majority  of  therp,.'biit  the  'fa:ilnreio  ele^^ 
(Jirectoi's:  at  the  time  hereinbolbi'C  mentioned,  shall  not 
operate  to  dissolve  this  company,  and  it  shall  be 'the  re- 
press duty  of  the  board  of  directors  in  case  of  accidtiijjtaf 
or  unavoidable  omission  to  take  measures  for  such  elec- 
tion with  all  reasonabld  speed,  in 'the  'manner  huVeiAi)e- 
ibriQ  provided  ;  the  board  may  also  elect'from  their  num- 
betu  vice  president,  who  shall  possess  such  of  the  po\V- 
ers  and'  perform  such  of  the  duties  of  the  president  as 
the  board  of  directors  may  by  the  by-ia\vs  or  by  .resolu- 
tions from  time  to  time  direct ;  Provided,  that  the'  offi- 
cei*5,  agents  and  employees  of  said  company  shall  not  be 
Exempt  from  military  duty  by  vintue  of  their  beihg  siidn 
oipcers,  agents,  or  employees^  if  otherwise  liable.  '  *'.'■ 
'"'S^Cl'  IB'.  Be  il  further  enacted^  That  each  'stOekhqld|i" 
shall  be  entitled  to  one  vote  on  each  >sha4:c  ot  thd  s'uid 
stock,  but  in  order  to  exercise  such  right,  ho  shall  liave 
had  said  shares  in  his  oWn  name" aA' least  ■  '  diii'ti 
prior  to  the  time  of  voting.       ...... 

Sec.  14.  Beit  further  enaded,  That  no.  person  sli:dUV6 
eligible  to  the  olhce  of  director  unles/?  lie,  be  a  holder  6^' 
one  hundred  and  twenty-five  8l:\arcs  or 'mote  of  .the.  G>ip- 
ital^tock  of  the  company,  tf  any  director  shall'  ceas^ 
t6be  ft  stockholder,  his  officii,  thereupon  shall  be  vaca,n^. 

Skc.  15.  Be  it  further  enacted,  That  the  board  of  cti,- 
rectorfe  shall  have  power  to  appoint  one  or  more  secreta- 
ries and  such  other  officers,  agents,  clerks  and  servants 
afe'TTiay  be  deemed  necessary,  and  to  fix  and  at  pleasure 
to  change,  the  salaries  or  allowances  of  any  of  |hem.    .'' 

SeC.  1&.  Be  it  further  enacted,  That  tiijf)e  o^^^h^  di- 


209  1863. 

rectors  shall  constitute  a  quorum  of  the  l)oar4  for  tho  Qu<,rum 
transaction  of  business,  and  the  board  may  delegate  pow- 
er to  transact  any  of  its  businesn  to  committees  of  direc-gaJ.  "*^ 
tors,  or  its  officers,  or  agents,  as  it  may  deem  proper, 
and  the  board  may  by  a  majority  of  their  whole  number, 
make  iuch  by-laws  as  may  bo  deemed  necessary  for  tho  Br  ia»» 
management  of  tho  property,  the  government  of  the  offi- 
cers, thfe  regulation  and  conduct  of  tho  aflairs,  and  for 
the  transfer  of  tiie  stock  of  this  company. 

Sec.  17.  Be  it  furllier  enacted..  That  the  number  ot  the 
directors  of  the  company  may  bo  changed  in  conformity  reXrr " 
to  law  by  tho  vote  of  two-thirds  of  all  the  directors  in 
office,  at  any  time,  not  within  thirty  days  next.  |u  oviou.s 
to  an  election. 

Sec.  18.  Be  it  further  enacted.  That  the  niiuuLes  of  the  K,uu,^g 
proceedings  of  tho  board  of  directors  shall  be  kept,  and 
the  same  shall  be  entered  in  a  book  to  be  provided  for 
that  purpose,  and  signed  by  the   President  or   acting 
chairman,  or  secretary. 

Sec  10.  Be  it  further  eivacied,  That  the  President  of  the 
company,  for  the  time  being,  in  his  absence  or  inability  UMo7p*r'!i^idc»t 
to  act,  the  vice  President  or  such  other  member  of  the 
board  of  directors  as  the  board  shall  appoint,  with  all  or 
any  of  the  powers  of  such  President,  shall  preside  at 
any  meeting  of  the  board  of  directors  at  which  he  shall 
be  present,  and  shall  at  all  times  have  a  right  to  vote 
therein  ;  and  is  hereby  authorized  and  empowered,  under 
the  direction  of  the  board  of  directors,  und  in  the  name 
and  behalf  of  the  company,  to  make  contracts  for  the 
forwarding  or  transportation  of  freight  of  all  kinds,  with 
any  person  or  persons,  or  bo<ly  politic,  or  corporate,  on 
railroad;?,  steamboats,  or  other  mode  of  conveyanc^e,  for 
such  term  or  terms  of  tinv  I- 

eration,  and  under  such  re  ir 

M  may  bo  agreed  on  between  this  company  and  the  per- 
sons, or  body  politic,  or  corporate,  agreeing  with  them 
for  such  contract  or  co^jtracfc=,  which  shall  bo  subscribed 
or  signed  by  the  Prosiaent  or  vice  President  (if  there 
be  a  vice  President),  or  in  case  of  absence  or  incapacity 
to  act ,^ of  the  permanent  presiding  offi''  '     '  v 

such  other  member  of  tbe  board  of  li  ii 

board  shall  authorize  to  Aci  temporiirily,  with  all  or  uiiy 
of  tho  powers  of  such  President,  aud  shall  be  counter- 
signed, and  shall  be  binding  and  obligatory  upon  tho 
company  in  like  manner  and  with  like  force  as  if  made 
under  the  seal  of  the  compaiiT. 
27 


1863. 


210 


Sec.'20.  Be,  it  further  enacted,  That  the  board  of  dtJJ 
DivwtBd.^  rector.s,  out  of  the  funds  of  tliis  company,  sliall  deft-ar  alU 
its  oxpenses  and  pay  its  debts,  and  twitse  in  each  yeaW 
may  dechire  and  pay  (Such  dividends  aa  they  shall  deem* 
expedient,  out  of  tlie  net  profits  of  its  •business,  to  the 
shareholders,  or  their  authorized  attorneyB,  but  no  diViia 
dend  shall  ever  be  made  by  this  company,  when  itscapi-* 
tal  stock  shall  bo  impaired,  or  when  the  making  of  such'-* 
dividend  would  have  tJic  effect  y^'i  impairing  its  f-apitalt 
.stock. 

Sec.  21.  JJc  it  fnillivr  eiKictcd,  Tliat  any  nuit  against-' 

^fl',**!!! "*'''''"  »*^d  company  to  recover  for  anv  debt  or  lial)ilitv  thereof;! 

may  be  brouj»:ht  m  any  county  in  tins  htate,  Avhere  sucnO' 

•     debt   or   liability   accrued,   or  where   any    of  the   locaM, 

ofKcers  are  situated,  and   service  of  process  on  the  chief 

officer  of  "said  company,  or  in  his  absence,  on  an;,  local . 

officer  or  agent  of  the  company,  shall  be  sullicieTit.  't 

'•'Approved  December  8,  1863.  i| 


No.  271.] 


AN  ACT 


IncorporatAd 


TrMidoiit  anil 
Trutttw 


Kicteut  uf  valui' 
of  iMoporly. 


To  iricorperate  the  Brundidge  Male  and  Female  Acade- 
my of  Pike  county. 

■  Section  1.  Be  it  enacted  by  the  JSenate  and.  House  of  Hep- 
resentatives  of  the  State  of  Alabama  in  General  Assembly 
convened,  That  the  academy  in  the  town  of  Brundidge. 
in' the  county  of  Pike,  is  hereby  incorporated  by  the 
name  of  the  "Brundidge  Male  and  Female  Academy.'" 
and  by  thrtt  name  shall  bo  known  and  ri'll^^'l  ■>'i(l  shall 
exist  as  a  corporation. 

Sec.  2.  Be,  it  further  enacted.  That  tin.' iic-Kleut  and 
T/ustees  of  the  Brundidge  Male  and  Female  Academy 
and  their  successors  in  ofiicr  -d  in  accordance  with 

article  2,  section  11  of  the  re  :  .  liool  law  of  the  State 
of  Alabama,  shall  have  a  general  supervision  over  sa-id* 
school :  they  shall  have  power  tt)  contract  for  the  ser-'^ 
vij(5es  of  teachers  ;  i<>  receive,  by  gifts  or  other 'vvise,  mun- 
cy  or  property,  to  the  value  of  five  thousand  dollars,  for 
tiie  benefit  of "gaid  Brundidge  Male  and  Female  Academy, 
the  title  to  Avhich  shall  rest  in  them  as  trustees,  and  not 
otherwise,  and  shall  pass  to  tboii*  sucoessor*. 


211  1863. 


Sec.  3.  Be  if  further  enadecl,  That  the  sale  of  brandy, 
mm,  -whisky,  gin,  wine  and  all  other  intoxicating  ^'<l"<^rR^]^j^«'^.|isn"" 
wliutever,  it?  herol)y  prohibited  within  the  distiince  of 
two  miles  in  every  direction  from  said  acaih-my,  in  the 
town  of  Brundidgr,  and  the  t^amo  shall  not  be  sold  Avitli- 
in  the  above  si>eci(]ed  limits,  either  by  retail  or  whole- 
sale, except  for  medicinal  or  sacramental  pnrposes  ;  and 
for  every  violation  of  the  provisions  o["  this  act,  the  per-J'i^"*"?  '"•■  ''"''• 
son  or  ])ersons  so  violating  it  shall  be  subject  to  indict- 
ment, and  upon  conviction  shall  }bo  fined  not  Jcis  than, 
tifty  dollars  nor  more  than  one  thousand  dollars,  one-half  ^ 

of  said  fine  to  be  paid  to  the  County  Treasurer,  and  the  ^ 

other  half  to  the  Trustees  for  thn  use  of  the  said  Brund- 
idge  Male  and -Female  A(  ndt  my. 

Sec.  4.  Beitfurth'  /,  That  every  attempt  to^^^^^^^^^ 

evade  the  provisions  o.   *..-     iliird  ,«M>tion  of  this  act,  by  '  • 
giving  or  offering, to  ^\\(^  a^yay  iut^ixicating  drinks,  with 
the  understantlin;i:  cxi»resaed  or  jm]>lied   that  some  re- 
7nunora(i<in   i<  lo   be    r<'<'eiv<'d    in   something  at   that  or 
future  i!  1   and  held  a  violation 

lil  thinl  .  ison  ?(>  olVending  shall 

iir  -ulijic  i  1.1    MriKii,  I  on   coii\"i(ti(iii   the '  sauic 

jj.  '    li  ■         ■'  tion  three.  . 

If,  /'(/,  That  should  any  person 

vioiiiic  NIC  imm.xM  11(111  (if  ijiis  act,  from  whom  the  fine ''"''"■* '•''•^'*"* 
spccilied  cannot  be  collected  by  due  process  of  law,  the 
person  or  persons' so  violating  said  section  shall  be  im- 
prisoned in  the  county  jail  for  tlic  term  of  not  less  than 
thr<'e  iii(iiii!i-  i:ui  'iKdr  ili.m  h;.  ni.Mitli-,  I'or  each  viola- 
tion. 

Sec.  fi.  i  liat  it  shall  be  compe- 

'•nt  for  tii<-   i...  II.  '  iiiiJiN    of  this  State  to   repeaK"""''**'"^" 

Tiy  provisions  ol  .  upon  the  }>6tition  of  a  majori- 

i\  «»;     '  residing  within  two  miles  of  thfi'snid 

l'>ni];  d  Female  Academv. 

Ai  mber  25,  1863. 


«>/ 


'^i  r'"\« '•"][« 


MEMORIAL  AND  JOINT  RESOLUTIONS 


OP  THE 


THIRD     A.Isr]SrUAL    SESSIOISr. 


JOINT  MEMORIAL 

To  tlic  War  Dopflrtment  for  the  relief  of  the  26th  Regiment  Ala- 
bama Vohmteer^. 

This  General  Assembly  learning  with  regret  that  the  gallant  26th 
Alabama  regiment,  which  has  fonght  in  every  battle  in  Virginia, 
Maryland  and  Pennsylvania,  from  Williamsbnrg  to  Gettysbnrg,  and 
lias  upheld  with  a  firm  hand  and  unfaltering  courage  the  flag  of  our 
comitry,  and  acquired  for  themaelves  a  name  which  will  never  die, 
has  been  reduced  by  death  in  battles,  in  hospitals,  and  by  disabili- 
ties arising  from  wounds,  Sec,  from  six  hundred  and  seventy-six  men 
in  March,  1862,  to  two  hundred  and  twenty-five  eiilisted  men,  after 
taking  off  details  lor  detached  and  extra  duty,  it  musters  but  one 
luindred  and  eighty  muskets,  and  learning  also  that  the  said  regi- 
ment is  in  danger  of  beinjr  consolidated  "with  some  other  regiment, 
and  thereby  lose  its  name,  a  necessity  greatly  to  be  regretted  by 
all,  and  deeply  mortifying  to  the  members  of  that  brave  and  noble 
body  of  veteran  soldiers,  Avho  are  desirous  of  being  transferred  to 
Tuscaloosa,  Ahibama,  or  to  Columbus,  Mississippi,  for  the  purpose 
of  recruiting  its  ranks  to  its  original  number,  from  the  counties  of 
Tuscaloosa,  Fayette  and  Marion,  where  it  has  a  glorious  name  and 
a  host  of  friends,  who  will  gallantly  rush  to  its  standard  to  sustain 
its  organization  and  fame  ;  the  said  re^ment  is  also  desirous  to  re- 
ceive orders  to  report  to  Gen.  Forrest  so  soon  as  the.  same  shall  bo 
recruited,  therefore 

Be  it  resolved  by  the  Senate  and  House  of  Representatives  of  the  State 
of  Alabama  in  General  Assembly  convened,  That  the  Secretary  of 
War  of  the  Confederate  States  be,  and  he  is  hereby  requested  to 
grant  the  request  of  the  said  regiment :  Provided,  it  shall  not  be  ii^ 
his  opinion  iii  conflict  with  the  public  interest. 

Approved  December  7,  1863. 


213 

JOINT  RESOLUTIONS 

Donating  a  Section  of  Land  and  Medal  to  Migi  Kmma  Sai\«om,  of 
Cherokee  county,  in  consideration  of  public  iervicftn  rendered 
by  her. 

A  Nation's  history  is  not  complete  wliich  does  not  record  the 
names  and  deeds  of  its  heroines,  with  those  of  ^ its  heroes,  and  rero- 
Intions  sometimes  throvr  the  two  iu  puch  close  proximity  that  tht> 
history  of  the  manly  bearing  of  the  one  is  imperfect  nnless  coupled 
with  the  more  tielicate,  yet  no  less  brilliant  achievement  of  the 
othei',  and  such  must  ever  be  the  history  of  the  most  gallant  and 
snccossful  victory  of  the  intrepid  Forrest,  unless  embellished  with 
the  name  and  heroic  acts  of  Emma  Sansom. 

Upon  discovering  the  difficulties  which  embarrassed  the  advance 
of  our  brave  army  in  pursuit  of  a  Yankee  raid,  under  the  lead  o( 
Col.  Streight.  produced  by  the  burning  of  a  bridge  across  Black 
Creek,  near  the  residence  of  her  mother,  in  Cherokee  county,  Emma 
♦  Sansom.  inspired  with  love  of  country,  indignant  at  Yankee  inso- 
lence, and  (lushed  with  hope  inspired  by  the  arrival  of  a  pursuing 
force,  exalting  herself  "  above  the  fears  of  her  nature  and  the  timid- 
ity of  her  sex,"  with  a  maiden's  modesty  .and  more  than  woman's 
courage,  tendered  her  services  as  a  guide,  and  in  the  face  of  an  ene- 
my's fire,  and  amid  the  cannon's  roar,  safelv  conducted  our  gallant 
forces  by  a  circuitous  route  to  an  eas}"  an^  safe  crossing,  and  left 
them  in  eager  pursuit  of  a  fleeing  foe,  which  resulted  in  a  complete 
and  brilliant  victory  to  our  arms  within  the  confines  of  our  own 
State.  By  her  courage,  her  patriotism,  her  devotion  to  our  cause, 
and  l)y  the  great  public  service  she  has  rendered,  she  has  secured 
to  herself  the  admiration,  esteem  and  gratitude  of  our  people,  and  a 
place  in  history  us  the  heroine  of  Alabama.  As  a  testimonial  of  the 
high  appreciation /if  her  services  by  the  people  of  Alabama, 

1.  Be  it  rtsoJved  by  the  Senate  ancf  House  of  Bepi'esentcUives  of  ihf 
State  of  Alnhovxa  in  General  Asstvihly  convened,  That  one  section  ol 
the  unappropriated  public  lands  of  tliis  State  be,  and  the  same  is 
hereby  granted  to  Miss  Hmraa  Sansom,  of  Cherokee  county,  to  be 
by  her  selected,  in  subdivisions  or  otherwise,  outside  of  the  lands 
reserved  for  saline  purposes,  for  which  a  patent  or  patents  must 
issue. 

2.  Be  it  further  reMUved,  That  the  Governor  of  the  State  is  here- 
by requirod.  as  soon  as  the  same  can  be  c^insistently  done,  to  pro- 
cure a  gold  medal,  inscribed  with  suitable  devices  commemrrative 
of  the  deeds  wliidi  tlietio  resolutions  with  tlieir  proonible  are  design- 
ed to  perpetuate,  and  present  the  name  in  the  name  of  the  people  of 
Alabama  to  the  said  Emma  Sanscfm,  as  a  further  teBtimonial  of  the 
respect  and  gratitude  of  thin  St«t«  for  her  services  aforesaid. 


214 

3.  Be  it  further  r^dved,  That  tlie  Govomor  of  this  State  furnish 
to  Mips  Emma  Sansom  an  autlienticated  copy  of  these  resohitioni*. 
And  it  is  further  made  the  duty  of  the  Governor  to  issue  the  neces- 
sary notice  and  instructions  to  the  land  officers  of  this  State  to  carry 
out  the  provisions  of  tlie  first  of  these  resohitions. 

Approvad  November  27,  1863. 


UtttaMr'.i 

Nm  «fMfiib  mi^-  i-f?  JOINT  RESOLUTION 

Directing  the   Couimissioucr  of  Public  Lands  to  witlihuld  Patents 
-I  ,         in  certain  cases. 

it  . 

i  Be  it  resolved  by  ike  Senate  a)vd  Hwn^e.  of  Eepi-e^entatives  of  the 
State  of  Alabama  in  Oeneml  Assembly  coilveoml,  That  the  Commis- 
sioner, of  Public  Lands  be,  and  he  is  hereby  required  to  withhold 
the  issuing  of  patents  for  tlie  coal  and  iron  lands  entered  under  the 
third  section  of  an  act  entitled  "An  Act  to  increase  the  price  of 
certain  public  lands  belonging  to  the  State  of  Alabama,"  approved 
December  9th,  1862.  until  othcrwiso  directed  by  the  Legislature  of 
Alabama. 
;.,  Approved  December  7,  1863.  • 

•  Inn  .4tMa  -mo  \^  *h 


M  '>F 


f* 


rfj%»  WSoSii*^««AJOINT  RESOLUTIONS  A  «->«|,^ 


♦ft  V  ^tWwbMfioi"  the  purchasti  mI  .•Nitioiicrv  and  Fuel. 

r<,     :■     ^ 

,;  1.  Be  it  resolved  hij  tJieSenaff  and  House  of  Bepresentatives  of  the 
State  of  Alabama  in  General  Assembly  convei^d,  That  the  sum  pf 
ten  thousand  dollars,  or  so  much  thereof  as  may  be  necessary,  be 
and  the  same  is  hereb}'  appropriated  for  tlie  purchase  of  stationery 
and  fuel  for  the  use  of  the  vStato. 

2,  Be  it  fnrtJier  resolved.  That  the  Comptroller  of  Public  Accounts 
issue  his  >varrant  on  the  State  Treasurer,  in  favor  of  the  Secretary 
of  State,  for  the  above  amount,  or  so  much  thereof  ag  may  be  re- 
quired, to  be  paid  out  of  any  money  in  the  treasury  not  otherm«e 
appropiiated  :  Provided  that  the  vouchers  for  purchases  made  un- 
der this  appropriation  shall  be  ijjed  in  the  ComptroUer's  office,  :i 
Approved  December  3, 1863, 


216 
iixM*  m^ifKy*  h^A  , JOINT*  RESOLUTION 

A^petpt^ng-lwh  day  of  December  as  a  day  oi   fastiiiL;,  liuiuiliatiou 

and  piAycr. 
?-'  '  ■ 

WuEttEAS,  His  Excellency  Josopli  E.  ^ruwn,  Govt- 1  !;c. State 

'of  Georgia,  recorumeiid.H  that  Tliursilay,  tl\e  lOtli  day  ot"  Ducember, 
be  sot  apart  as  a  day  ol"  fas^tiu^  humiliation  and  prayer,  that  the 
Congress  of  the  Coni'oderate  States,  tiio  Logislatuios  of  thodifloreiit 
■^bi^'-H.  our  army  and  navy,  and  all  the  people  bo,  and  arc.  horebv 
•tfuliy  requcstc(f  to  unito  with  tho  people  of  Georgia  in  strict 
tiusei  vance  of  that  da}-  ; 

And  Wherecus,  The  Geiierftl  Assembly  ul  the  ^^uiie  "I  <.iecirgia,  in 
aeeordaiu-e  witli  h-aid  recommendation  ot  GoverniH'  flrowai,  in  view 
of  our  nationid  eahmiity  and  (b'stress,  dcehue  it  to  be  the  soh^mn 
duty  of  ail  the  people  of  the.so  Confederate  States  to  humble  them- 
selves belore  God,  and  with  penitence  ibr  our  past  sin»,  national, 
social  and  individual,  and  with  an  houeist,  earnest  desire  to  obey  Ilis 
laws,  implore  through  tlie  merits  of  our  Saviour,  His  forgivene?-s, 
and  plead  for  wisdom  to  guide  us.     Therefore, 

Be  U     >  '     l  by  tli<-  ^  Route  of  Ucprcseuiativoi  of  the 

Stati  i      -  Ilia  ill  (i-  ..      uibly  convened.  That  we  cordially 

concur  in  the  said  recommendation,  and  that  Tluirsday,  the  10th  dav 
of  December  be,  and  said  day  is  hereby ^et  apart  as  a  day  of  fast- 
ing, humiliation  and  prayer  by  the  people  of  the  State  of  Alabama, 
and  the  Governor  of  tliis  State  be  and  ho  is  hereby  requested  to 
issue  his  ^Proclamation  to  the  people  thereof,  askin'g  that  all  unite  in 
the  proper  observance  of  the  day.  ^ 

Approved  December  3,  1863. 


In  relation  to  the  Steamer 


'  •  -  '^*?%ri3r 


>; 


.f[Wni  int  Iioc(,>lu(i 

K'f^^-v.'  ,-.•,.,]  r> ,„..„  ..i,.. ,,., 

IK' I  luiida,  the  "^luu  Oi 

lb.  !     . 

le..  ^  

an  Ui- 1  duelling  tiie  Secret..;  y  w:    ili*,  'i'l'oii.sury  i<>  \>  uj 

Alabama  the  sum  of  ninety  tliousaud  dollars  iu  ejghi  ^  iidw 

«)fthe  Confcilerate  States  for  said  .st  mi.  i ,  uiid  whereaa  the  LhihI, 


216 

paid  by  the  State  to  the  owuers  of  saicf  steamer  had  coupons  attach- 
ed for  the  interest  from  Jul}-  Ist,  1862,  while  the  coupons  attached 
to  the  bonds  rcccired  by  the  State  from  the  Confederate  Govern- 
ment give  interest  from  April  22d,  1863,  the  date  of  the  act  of  Con- 
gress, thus  leavinp;  a  balance  of  interest  jct  due  the  State  of  five 
thousand  eight  hundred  and  forty  dollars  ;  therefore, 

1.  Bf  it  rejiolved  by  the  SetuxU  and  Home  of  Rejn'fsentaiives  of  the 
Statt  of  Alabama  in  Oeneral  Assembly  convened,  That  in  the  opinion 
of  this  General  Assembly,  the  claim  of  the  State  of  Alabama  upon 
the  Confederate  Government  for  the  balance  pf  interest  due  on  the 
bonds  delivered  io  the  State  for  the  steamer  Florida,  is  just  and 

*»hould  be  paid  by  the  Confederate  States,  and  that  our  Senators  and 
Representatives  in  Congress  be  requested  to  secure  the  appropria- 
tion refunding  the'  balance  duo  the  State. 

2.  Be  it  further  resolved,  That  his  Excellency  the  Governor  be 
and  he  is  hereby  authorized  to  dispose  of  the  bonds  received  from 
the  Confederate  Government  in  payment  of  said  steamer,  upon  such 
terms  as  he  deems  best,  and  to  pay  the  proceeds  into  the  State 
Treasury. 

3.  Be  it  further  resolved,  That  His  Excellency  the  Governor  be 
requested  to  transmit  a  copy  of  these  resolutions  to  each  of  our  Sen- 
ators and  Representatives  in  Congress,  and  to  the  Secretary  of  the 
Treasury. 

Approved  December  7,  1863. 


JdINT  RESOLUTION 

To  secure  the  passage  of  a  law  exempting  certain  persons  from  pay- 
ment of  Confederate  "  Tax  in  kind." 

Be  it  resolved  hj  the  Setmte  and.  House  of  Represetilative^  of  the  State 
of  Alabama  in  General  Assembly  convened,  That  our  Senators  in  Con- 
gress bo  instructed,  and  our  Representatives  requested  to  use  all 
iionorable  moans  to  secure  the  passage  of  a  law  exempting  from  the 
payment  of  the  Confederate  "  tax  in  kind,"  the  people  residing  in 
all  those  parts  of  the  State  of  Alabama  which  liare  been  overrun  l>y 
the  public  enemy. 

Approved  November  28,  1863.  , 


JOINT  RESOLUtfo?ls 

I  I  ^  xempt  from  tho  payn;  <-  ianiili' 

rliers,  whose  support  is  clcnvcd  iiom  wuuc  labor 

1.  B eil enact edhy  tJir  Senate  and  Hou<se  ofliepresaiUUii 
Slate  of  Alaharaa  hi  Crrnrrnl  Assembly  a/nueitcd,  Tliat  our  • 

/iii  Congress  1)c   i  mI  ouv  Jlcprasciitutivos  veqii 

.itif*e  tlieir  ollVtrts  U:  m.i.um-  nir  pat'Siigo  of  .'.' '   ^'^  ^''■■"  ■' 

••■^inpt  from  tho  payment  of  tho  "lax  in  kii: 

•TiorvS  in  the   service  of  the   Confedcr;' 

whenever  tlie  support  of  sucli  fani'Hr 
*ibvoceeds  of  white  labor. 

2.  77^'  If  fm-ilrr  r,s,Jrr,J 


lllii    Lvi'l  M  r.-^ri 


nut  11..  '    -. 
be  forwarde<l  to 


Approvi'd  N'ovomber  28,  1863. 


Ihr 


)i.  >,-^irM,,i,v  .;■  tho  wisdom  aiid'pafefiflisw  of  .l..;ni  tiiii   >:i,.vf,.-.v^ 
rorenior  of  the  State  of  A  hi' 

Wheukas.  Uis  Exf^elleney  John  Oiil  Shorter,  l-JoTeri)' 

>riito  r)f   \'  '        I.  during;-  liis  term  of  offic-c,  about  to  expire,  ba.- 
Iteen    sm  i     by   uinMi;d    nnd    (^xtromc^  rosponjiibihties  :    Oiul 

iihertCH^thcHi^  respoUKibil  n^t  witJi  a  liighly  ('•ouinieu- 

dnblo  patriotism  hi;rblv  <!  ...iuk«  ol'  the  pr>-iih-   ..i"  tbi 

Hi;ite  of  Alabamn  ;  a  proud  yvtsition 

I  His 


preiscui  C>o\ 
adequaJt'  fo 
highly  (I 
Appvuv     I 


1  '    -1,  '    Mil 


>plc  ol 


,  i-he. 


2S 


JOINT  RESOLUTION 

In  respect  to  the  enibrcement  ot  the  Conscript  Law  ol  the  Confed- 
erate States. 

Wheuea>h,  It  i»  absolutely  uccciinury  that  iLc  whoie  milituiN 
strength  of  the  country  shall  be  speedily  brought  into  requisition 
for  the  defence  of  our  rij^hts  and  the  cst^d^lishmcnt  of  our  indepen- 
dence. This  great  dusideratnni  nnist  be  sui)plied  by  the  energetic 
enforcement  ot' the  conscript  law  xif  the  Confederate  Congress.  For 
some  cause,  tlie  provisions  of  said  law  have  not  l)cen  carried  into 
effect  in  such  a  manner  as  to  produce  the  results  anticipated.  With- 
in the  last  few  months,  Alabama,  Mississippi,  and  that  part  of  Ten- 
nessee not  in  possession  of  tlie  enemy,  have  been  assigned  to  Briga^ 
dier  General  Gideon  J.  Pillov.',  as  the  field  of  his  operations.  With 
that  zeal  and  ability  which,  has  ever  characterized  Geut  Pillow,  he 
has  infused  new  life  and  vigor  into  the  system,  and  from  tlie  small 
territory  under  his  control,  he  has  sent  many,  tliousands  of  strag- 
glers, deserters  and  conscripts  to  fill  up  the  shattered  regiments  ol 
our  gallant  army.  Had  the  same  elhciency  been  exercised  in  other 
States,  our  ranks  would  have  been  swollen  far  beyond  their  present 
numbers  ;  therefore, 

Be  it  resoLvvd  by  tkc  JScnutc  and  Hvmt  of  Itcprcsadativcn  of  the 
State,  of  Alahaina  in  General  Assembly  convened,  Tliat  we  recom- 
mend our  Senators  and  Representatives  in  Congress  to  use  tlieir 
official  intluence  to  have  the  jurisdiction  of  General  Pillow's  iUireau 
so  extended  as  to  cover  a  larger  area,  if  not  the  whole  of  tlie  Htate^ 
of  this  Confederacy. 

Approved  December  4,  ISb'd. 


JOINT  RESOLUTIONS 

hi  relation  to  Taxation  and  the  Confederate  Guiiencv. 

1.  Be  it  resolved  by  the  Senate  and.  House  of  Rejjrtscntatives  of  the 
Stait  of  Alabama  in  General  Assembly  convened,  That  in  the  opinion 
of  this  (ieneral  Assembly,  the  people  of  Alabama  Avill  cheerfully 
submit  to  any  tax  which  the  (Jongress  may  impose  for  the  ]»urpose 
of  reducing  the  volume  of  the  currency  and  appreciating  its  value  ; 
Provided  tlie  tax  be  not  too  oppressive  in  amount,  or  unequal  in  its 
<dp«ratiou. 


210 

2.  Br  iifni'lher  irsolvrd,  Tliat  the  finaivial  schvnie  originated  an(5 
recoiiiTuondod  l)y  the  Oouvontion  of  Bank  oflliceiT,  rooently  held  in 
•AiiKHsta,  Ueorgia,  to-wit:  tlie  isRue  of  ono  tho\iRHiid  million  of  dol- 
lars of  hondn  of  the  Confederate  States,  with  couppnK  attached,  nay- 
able  in  coin,  and  the  imposition  of  a  t;ix  of  sixtr  niillioiip  of  dollars. 
to  be  paid  in  coin  or  the  (■onpoii*  df  >:ai(l  bonds,  is  disapproved  br 
this  (lonoral  As,sembly. 

:i.  lie  if  furfJier  rcfiolvcd,  Tliat  the  ilovenior  he  reciut-sted  to 
transmit  a  copy  c»f  these  resolutions  to  paeh  of  our  !^enator«  and 
Representatives  in  Con;;re!«s,  ;n4d  mIpo  h  eopy  to  the  Gorernor  of 
cacii  Slate  in  thi-  Coniederaey. 

Approved  December  S,  18(53. 


.JOINT  RESOLUTION 
In  relation  to  the  services  of  (Tcneval  .Foseph  E.  Johnston. 

n<  il  icsoh'rd  by  tin  Sena  ft"  oml  Hov^  of  Be,prcsn\tativfs  of  ihe 
SfoJr  of  Alabama  h  Gene  ml  Aftfionbh/  conrenrd.  That  the  country 
rt^rognizes  in  (loneral  Joseph  E.  .Tohnston,  one  of  its  truest,  bravest 
ii\u\  ablest  miiitar}'  chieitains.  and  would  hail  with  universal  patif*' 
faction  his  appointment  to  the  command  of  an  army  commensurate 
with  his  iniqucstion»Hl  skill  and  (Muinent  services. 

Approved  December  7.  1S<».3. 


OFFICK  OF  SFCRKTARY  OF  STATE  J 
Moiit^oinery,  Ala.,  February  20.  Ih64.      f 
I    Hkhkbv  Ckrtikv,  that  the  forcf^oiiifx  Acts,  Memorial,  and  Joint 
JU<!f(oIutions,  ar<'  conerf  i-opies  from  the  orii^inal  toUk  now  on  file  in 
this  ofTire. 

P.  II.  RRITTAN,  Secretary  of  Stnte. 


^*  Ito 


T  A.B3L.IC 

RATES  OF  INTEREST  IN  THE  SOUTHERN  AND  CONFEDERATE  STATES. 

('umpih'd  in  purlin 'lu'f'.  tf  nn  JUi  ajp^'wid F6lfft'Uqry'\9>,  1848. 


Maryland G  per  ^ent. 

North  Caroiinu G  ''       '• 

Tennes.'^eo (5  "        ' 

iVIabaina ■  .' 

Virc'iuia (i 


South  Carolina 

Kentuck}^ 

Georgia. ; 

FJorida > 

bv  rontriu'l  . 


-nt.:   couYciitioiiiil  ;iilci-osf..  .10 


I  lor  cent. 

.7V,  interest,  8  per  ceiit.;  conveutioiial  interetst,   12  ]>or 

>;ont.  '      ■   '  '      .' 

'I'ssoi'j'i — .wcga!  ill'  ^■iil  ii'iKiI  iiilci-t.'-l,   10 

,      .  ■,  .)i  t- 

i--[.    '-    lar   '■'■111.:   on    'cut    iiiciicN",    10   pci 
;    rciil .:  b;riik  llitclT.^l,  ti  |M'r  .•(•ii( , ; 

runyoiitional  Jutercbt,  TO  ]>vv  cent. 


Gertilicii   Lo  In:.  c(nroct. 


OrFJOK  OF  SecbetarV  oV  IStati:,         / 
;gblncj'yj"AIi^.,  Pf '    '"  ^   1  so  1.  ^ 


1\  If.  imiTTAti ySccrdarjj  of  ISkdc, 


INDEX. 


VC;C()MPLICE 

Code  aiiiendi  .1  ;.-  i.i  (•■\ , ,1-1,1  .•    m   in  iiii.-uriin-aiinr 73 

.VCCOUN^S- 

To  regulate  .settlement  oi'  in  Military  I>ep«rtiucut ^^ 

Of  docensed  soldiors  tn  be  stinted l^^ 

'  (-nt  to  adjnst  and  collect '^'1 

ACTrOX— 

FJiviiiLilii    l)v   foreign  adminialrator,  itc,   not  abated  or 
burred  by  appoiufment  of  resident  administrator. ...        -1 

^,,j       To  antborize  the  acliun  of  Eieetniont '>^ 

vers  AMENDED- 

Aot  to  amend  {lie  Rev  ..pproved  December 

9th,  1SG2 IS 

To   authori/:e  tlie  Confrdeiate  Riate.s  to  piircha.se  .site 

for  Rolling  Mills,  «te 21 

Aet  to  provide  i"or  reoi  j^^  irii/.<,ii<Mi  of  Penitentiary.  . ...        28 
Act  incorporating;  Alabama  Dirt  et  Trade  and  Exchange 

Comj)any 43 

Act  to  amend  Section  GT2  of  the  Code HT 

The  Revenij/^   Laws... '  74 

To  inerta.se  the  price  of  certain  puldic  lau-i   .  "^0 

T         idribnto  to  the  .support  of  indigent  IJuniiie- 
i:.,,.      ,,,,,,.,,-,.,1    All. .-.1.1   '"Kifl,     1  v  »■;•', 

T  n/> 

Dc'ianng  \vii<'  ,in:i;  m  muiiia  ,i<'rYi''e. . .       % 

To  en                                                       e   -npplics  of  SnH.  100 

To  rcL-                                     .             n(.f  (Jorn 101 

To  o-tabli.sh  inr;titntion  for  Meat  and  Dmnb  ,                ...  104 

To  provide  for  eleetion  of  State  Printer lOS 

In  relation  to  printing  and  pnblication  of  the  decisions 

of  the  Supreme  Court 110 


ACTS  AMENDED— (Continued.) 

In  relation  to  support  of  indigent  families  of  soldier}^,     114 

lUi 

(i  (I  H  U  II  11? 

'J'lie  Public  School  Law  as  to  Sumter  county 173 

ACT  F]XTENDED— 

To  prohibit  tlie  distillation  oF  !:n-ain.  t^c 10 

ACTS  REPEALED- 

The  Revenue  Laws,  in  part, , 1  i) 

.  To  authorize  the  Court  of  County  ConmiisAieiiers  of 

Fayette  and  Morgan  counties  to  levy  a  tax  on  dogs. .       3l» 

Acts  regulating  judicinl  proceeding,^. 55 

To  prevent  false   representations   as   to  Government 

Agencies. ,. f>() 

To  regulate  the  sale  and  exportation  of  com,  in  part. .  101 
To  direct  the  binding  of  certain  copies  of  the  Acts,  &,c.  107 
To  (establish  a  County  Court  for  Montgomery  county. .  120 
To  regulate  the  fees  of  Probate  Judges  in  (Greene,  Ma^ 

rengo  and  Choctaw  counties,  in  part ,     13^ 

To  authorize  Justices  of  the  P(>ace  to  appoint  Ovoi*- 

seers  of  Roads,  &c.,  in  Coosa  county ......'.!.......     162 

To  provide  for  payiTig  Grand  and    I^i^til  Jurors  in    Cof- 
fee county. . . .'.".  ....  . ;. . 10^ 

To  authorize  the   Commissionpfs'^  Court  of  Cherokee 

county  to  levy  d  special  tax . . . .' . . .'. , lt)7 

To  compensate  Jnrors  and  Witncsset^  in  Monroe  county,  171 
To  regulate  the  sale  of  spiritlibUR  liquors  in  the  town  bf 

Elyton. ,  , . . . .: . .  .V. ....... .... .  :',. . .     172 

A  CTS  AND  JOTTRNALH- 

To  provide  for  printing  and  dislrilniiuvi,   (-xtra  session.       27 

Appropriation  lor  distribution  ol .  80 

Act  to  dirt^ct  bindiUc  of  ("ortiiin  ((iiin-  i  ''iiruled 107- 

ADMINISTRATORS— 

Section  1984  ol"  Code  as  to  suits  by  Ibreign,  amended,. .  .  21 
In  Russell  connty  may  liialce  publication  in  paper  in 

Columbus,  Geo ;iU 

Authorized  to  i-eceivo  Confederate  m^juey  for  sales. . , .       04 

Special,  may  be  appointed  in  c(n'tain  "cases 05 

AGENT-t; 

„''  ,       Protect t-  wli  -ii  tender  is  mailc 58 

For  chiim.-i  ol  ^.^idu  .  '      aj)]Miinte(l 05 

Aibs,  SPECIAL--- 

To  be  appointed  for  ea(4i  connty 


o 


To  enumerate  militiii '. » • '^ 

How  appointed 11 


223 

ALIEN  ENEMIES— 

Sequostered  lu,udt<  oi.  t-old  lor  ta'xc-   ni;._\    i''    tLuceiuod 

by  Receiver 77 

APPKOPJUATIONS— 

,          To  rcorg;uii/-c  tlu-  Militia 11 

For  arrest  of  DcstTters •  •  !■' 

For  support  of  indigent  Finnilies  of  Soldiprs 10 

.To  pay  members  and  oftict  :  -  "I   (ieneraj  Assejubly  ....  2;^ 

For  hire  ol"  ^crvJlntv,  tVc ...!.,....,,,.> 21 

For  preparing'  and  (liytributin-;-  Arts  o!"  Extra  Session. .  28 

To  pay  Seerctary  and  chief  Clerk,  cxtr;.  session.    .  '.  .  .  4-1 

In  favor  of  Charles  A.  Tone\ \i> 

For  work  on  IIo>pital  lor  insane IT 

To  iJ.  \).  J)avis,  Joel  White  ajid  M.  31.  Nail kS 

For  purchase  of  stationery  and  I'ucl 53 

To  provide  for  issue  of  iiii\iv  Jlond.- 78 

For  preparation  of  Treasury  »>foto  Chan^^e  JJilis 78 

For  liscal  year  1861 .....,..,.,. .  78 

For  support  of  indij^ent  families  oi  i^oldiers. Si 

1-        For  militaiy  and   hospitjj  purposes,   authoriijod  to   bt- 

used  i"or  support  of  indigent  faniilieb  of  soldiers 85 

For  relief  of  persons  rendered  dogtitute  by.  the^euemy.  87 

'4i *      ^'"'"  "lilitiiry  defense  of  State 94 

•*'          To  Institution  for  Dejjf  and  Dumb  increased 104 

To  Door-keepers 107 

For  manufa<-lnre  of  Cards.  .    Ill 

For  pay  of  J I                                      ot  (juueral  Assembly.  Ill 

For  hire  of  - Ill 

For  repairs  ol  Stale  Capitol 112 

For  expenses  of  inauguration  of  Governor 112 

To  compensate  A.  U.  Clithcrall  tus  Ordnance  officer..  .  .  IFl 

For  Military  Aid  Societief',  Ac... 113 

For  pay  of  II.  P.  Watson.  Adj't  and  Inspi                ik  imI  14:5 

For  relief  of  -   '         "    "     '  .w I4;5 

For  relief  o!                                 "ii Ill 

^;        For  relief  of  Stephen  Gip.-on I4t» 

••        For  relief  of  Virginia  ^l.-ilihi   ■.    .♦. . .  117 

.\iniY  record- 
To  provide  for  in  '  '                                 ".'J 

Superintendent                                           '•_ 

kTf:SlAN  SALT  AVLLi.. 

Art  for  the  ptotectiuii  ol  lOl 
ATTORNEYS— 

Protected    from  Miit    wlim    ((inln  i-  in,'  ;  i       ,    i, 

r;it0  Treasury  '  6J> 


•>F 


..i. 


224 

BALDWIN  COUNTY--     . 

For  relief  of  indigent  lUiuilicH  of  soldiers  in US 

To  consolidate  offices  of  Treasurer  and  Clerji  of.. .... .     121 

To  authorize  Judge  of  Circuit ,  Cpurt  to  fiix  placo  of 
lioldin;;-  court ........' I -<) 

BIBB  COUNTY— 

To  amend  Section  17b4  of  the  Code  so  I'nr  a-  rolaUv-  tn       :>! 

BOARDS,  MEDICAL" 

Established  for  Miiiti;. y 

BONDS-T 

.  P.  M.  Fra/.icr  and  P.  M.  Brandon  authorized  to  Hk?..  .  ,       4G 

/orth coming  under  Acts  to  rouulato  Judicial  proccM'd- 
ings  continued  in  force. . .'. Tift 

llegisters  in  Chanceiy  authorized  to  talce r)jfi 

Tax  levied  upon 74 

To  provide  for  issue  and  sale  of 1 .... 7.'< 

To  meet  deficiencies  in  military  appropriations 94 

To  pav  interest  on  foreign  debt 102 

BRIDGES—  *  ;  ,., 

Bonded  contractors  to  repair*  ^vhen  notified "A       ?1 

To  prevent  parties  from  joining  fences  to "  72 

To  authorize  John  S.  Morgan  and  Rufu?*  B.  Rhea  to 
build  across  Big  Wills'  Creek 1G5 

CADETS-r 

Of  University  subject  to  orders  of  Governor ^ 

CALHOUN  COUNTY— 

To  enable  the  Treasurer  of  to  pav  surplus  funds,  Ac . .  .     IGl^^' 

CARDS—  -■■::-^ 

Agreement  of  GovoriiOl' foi*  ujkhufacture  ratified Ill 

CARPETS— 

Of  Capitol  donated  to  the  ;-uldiers '^"• 

CERTIIM  GATES— 

Of  Probate  Judges  vutiioul  'harge  ia  eortaiii  easL-h  ....        (IT 

CHAMBERS  COUNTY— 

Transferred  to  Southern  Chancery  Division 127 

To^increasc  fees  of  Commijisioners  and  Constables  in. .      lo4 

CHANGE  BILLS— 

Appropriation  to  pay  for  preparation  of 78 

To  authorize  destruction  of  "when  mutilated lOU    1 

CHEROKEE  COUNTY— 

For  relief  of  poor  in Ill 

To  repeal  act  authorizing  special  tax I  tWi 

CUOCTAW  COUNTY— 

To  compensate  Commissioners,  tfec,  in ol 

Transferred  to  Middle  Chancery  Division 1-7 

To  better  regulate  lees  of  Judge  of  Probate  in , 130 


225 

9H0CTAW  COUNTY-(Contmuecl.)                     ,                  i  •      • 

To  repeal  act  to  better  regulate  fees  of  Judge  of  Probate,  13S 

To  increase  per  diem  of  Commii^aioners,  Collectors  and  i 

AsbOMSors 1 H4 

CITIZENSHIP— 

Conferred  U|)()n  ijcrtaiii  pcrsoiKs  ill  llaMuiii  eouiit\. ...  152 
OlVlL  AUTHORITY— 

To  provide  for  tlie  mainteuauce  ot 60 

CLARKE  COl'NTY— 

To  increase  pay  ol'  county  oflicers  in ■.,.  ,,}.*. . .  18H 

To  increase  per  diem  of  Commissioners,.  Colleetor»  and 

Assessors 134 

To  authorize  Coinmissioner«<'  Court  to  make  Salt 102 

CLKRKS— 

Protected  against  suit  for  money  collected,  uj)c»n  ten- 
tier,  <fec r)8 

Judj;es  ol  Probate  authorized  to  appoint tit) 

CODE  OF  ALABAMA— 

Section  134  amended , 20 

\'.)?A      '■       21 

ni;;      •      70 

I2i);5            71 

'•      \l\)i            71 

;)301,  HbOU.  3948  amende<l    7:t 

484  to  4:3'>  repealed 109 

■  I;              '        1784  aiuended  as  to  i>ibb  coun^v  31 

certain  coiin I: v,-^ 138 

2900  to  2970  m^do  applicable  to  certain  suits  by 

married  women a'.  ...■ S9 

430  to  432  amended  us  to  Shelb^r  countr 167 

COFFEE  COLTNTY—         . 

To  repeal  Act  to  provide  for  |i!i\  iii-  .Uiror- 163 

COMMANDANTS  OF  MILITIA— 

How  elected 4 

Vacancies  how  tilled,  duties,  &c .                          . J> 

To  arrest  deserters 14 

Duties  in  .suppressing  distillation 98 

COMMISSIONER  AND  TRUvSTEE-r- 

Office  of,  continued 102 

CONFEDERATE  OOVERNMENT— 

Employees  of,  huv:  cxcmpt-ed  Irom  mditi  ■                     . .  10 

To  aid,  in  arresting  deserters. 13 

To  extend  fii  'V      '                 '      <•  i*ite  IbrioiuKuy,  vtc,  21 

To  aid,  in  T .  ...\  fSl 

Ma;                                                    ios 77 

Lea'                                              tors  of. . .               81 

'      29 


226 

CONFEDERATE  C  0 VE UNMENT— (Continued.) 

For  relief  of  certain  coni  racfors  of ly^t 

CONTRACTS— 

For  manti(Victur«  ui'  CartU  cujitiiuieil ill 

Governor  aiithoriz<^(.l  to  rescind  certain 138 

(iovernor  antliorized  to  chaniie  or  modify. 13',) 

Act  for  relief  of  ••(■ri;iiii  (■^lV(M■n^)l>^t  rontrMftM,  < }:{«< 

COOSA  COUNTY- 

Transferred  to  .^'uniiti  n  Lniui'  ciy  Division , .  127 

Act  to  autliorizo  Justices  of  the  Peace  to  appoint  Ov^f- 

scers  of  roads  in,  repealed 102 

CORN— 

Act  to  regulate  ex))ortutiou  and  sale  of,  repealed  iii'part.  lUl 

T.  B.  Betbea  autliorizcd  to  tio.ll 15;.'. 

COTTON  YARN— 

To  provide  indii:t'iil  ii'tnilii-.-r-  with S] 

COTTON— 

Tax  upon 75 

COUNTIES— 

Act  for  relief  of  tlioi>e  overrun  by  the  enemy. ".  .  .  TO 

EmpoAvered  to  provide  irjdii;"ent  taniilie*  with  salt  and 

.  1 . '            cotton  yarn >:'> 

COUNTY  BOUNDARIES)- 

Of  Mobile  and  Wa.Hhinfi:ton  changed Zl 

Of  Dallas  and  Perry                     "        151 

Of  Perry  and  Mareii,t;o                ' 151 

Of  LimeBtone  and  Madii^un                   152 

Of  Perrv  and  Marengo                '"        152 

COURT  SUPREME-^     :   -^, 

To  increase  cora^ieigfeatib-n-for  publi.sl.nig-  report.-.  <<i'.  .  .  .  'o2 

To  amend  law  in  relation  to  pubiishinj^  reports: IKi 

COURTS  CHANCERY— 

Proceeding?  in  regulated . 50 

Re,i;istcra  in,  autlioiized  to  Udvc  foi'thconiin;!^,-  l»ond.*.  . .  .  -V.i 

Times  of  holding  in  Northern  Division  regulated lilf. 

'        Transferring  certain  Districts   in  middle  and  Soutlieni 

Divisions, 1-T 

Of  Middle  Division  regulated  during  the  wai*. Il'n 

Times  of  holding  in  Southern  Division  changpd 1 2'.i 

COURTS  CIRCUIT—  ^''' 

Special  term?;  of,  authorized - -0 

Proceeding?  in  regulated •")<> 

Times  of  holding  in  eighth  Circuit  changed 124 

Times  of  holding  in  eleventh  Circuit  changed 12.j 

Judge  of  sixth  Circuit  to  fix  place  of  holding  in  Bald- 
win county rt  1 20 

^4    .? 


227 

(^OKRTS,  CITY  - 

Established  for  Montgomery  county. .  .,i,^ 121 

Fce^  of  .Tiid^c  of  in  Mnl>il(-  iiiav  ])o  incrt^ased .  V-^O 

COrUT,  COl  NTV    . 

J^i  ■        A))olislipd  ii)  MtMit;2;omerv  county 124 

COURT  OP  CODXTV  COMMISf^TONERS- 

May  i»rovide  indigent  fumilios  with  snjt.  and  cotton  yam,  88 

OonipcTmaJiun  of  agents  of,  fixed ?'t 

l*ny  for  medicinefi  furnished  to  indif^ont  families  of  j»otf  j  m>) 

:._: ..:....c..,.: •.  .  84 


iners 


To  asc(f!rtai.n  number  of  p<?r?on«  rendered  destitute  by 

»j  tlie  onemv,  Ac- ,  ^<' 

COURT,  PROBATE 

Judges  oi\  autliori^te.d  to  iiiipv(;.sif  )jrovi.sinu!< -'» 

Juri.^diotion  in  e.stiite  of  nun-rt.^id«nt.s... C»4 

May  appointapecial  admiijistrntors,  &c 0.> 

Judgp;*  of,  nuthori/.iHl  to  appoint  eh^rks. ...  66 

ReqnirjiNj  Id  lualce  eHrtificnt^s  wiCkout  charj;t  tt7 

('ompensntirm  of  .TnV-      '■■  lliiur  money  '"    m....*,  <'»7 
ORIMIXAI.  LAW 

■^«         ArnA'^l  of  d«,'st-rl.er.«;  aiiiJ  pciiully  ior  liaibonii};- "I"' 

.^',  Mi-^applying  funds,  for  iiidi}r4nt  fauiiUo.^  of  soldier-    ...  1. 

Ibst  illation  of  Polato.s  and  feaw  |aoliibited ...  1'* 


Di.->tilluliou  of  31<r>las.>i,e^-  and  S^ugar   prohibited 19 

Toll  defined  ^n«l  pen/ilt).f<ir.  taking  illegal..  27 

Pri^onrr.-*  .^«'nt.  to  Penitf-ntiary  from  other  St.i     ■ •^- 

.    Impressment  or ,puridin«!e  of  |jrop,e^fy  under      »i  ' 

'.^  tences . .. ., .  .^ ,,,,.>,  ^ ; • 

yjTpi  To  provide  (or  tn«  majnte.nfiiVe  of  eivil  authorit - 

To  xeonre  tiinl  of  ^JaYe!?  under  indictlu*  ' 


Impressment  or  ,purehn«!e  of  property  under      »i -•   I'l' 

tences ■. — ,i f»i' 

60 

/Kjlictlu*  !  61 

To  prevenl  gnmln  ■ 62 

n|»         To  previMjt  illi-  i  6:*> 

ul         re.'   •-:'  -^^i:-  6S 

m      *^v,  72. 

Hj:,  ,      IIK;0)1;I" ,    .  »3 

.-\;>  lo  udsdi'nit'uuor.  .        7i 

A;r«Mit.-.  A-                  .Mnr,  funds  foi  iii<]ii.';ent    faudbes  <>! 
■oldiers.        ..... .\.,. . .  ..^.»  |/.).,yj, ^2 

Misappfii'atioii  of  fmiflA  for  persons  i  n' 

v. '  ^0'  ^  '".*  '^nfmy 

It;      ;  OfT](.ir.«.  *tr.,  in  military.4«pni:li' 

.For;j'inL';  !^t«t<^  n<iiids.  »C'*" .  . 
f^\        To  ."-uppvf.s*-^  nuiri'  t'lft";tu«dl\ 

Tnjin-y  of  A-  ■  Well:? .  ..,<, ^ • 

Aet  to  v<"/u  .1  e.\p(jrtatioii 


iiiii 


87 

lilt. 

8f» 

H^ 

\)^ 

101 

joiK'uded. 

101 

■  i-.iin.>^. 

inr. 

228 

CRIMINAL  LAW— (Contimiod.)  / 

Mitigation  of  peualtv  for  cutting  timber  by  Govertiriient 

'  '  contractors l;V,^ 

DALE  COUNTY—  • 

**-*        Commissionerp  of,  i\nthorizofl  to  pay  certain  claims ....      lt>7 

Dallas  COUNTY—  • 

Section  17-18  of  Code  Amended  as*  to \:> 

Williiini  A.  Rosi-  inndc  citi/rii  of 1 '>1 

DEAF  AND  DT^MB 

Act  to  establisji  institution  for  am**nded , .  .  .  .  1<'4 

DrKALT]  COUNTY--- 

Appropriation  for  indigent  families  of  soMjors  in 1 !;'» 


DESERTERS— 


,      To  aid  Confederate  Goyefniinient  in  arr<^sting 1'^ 

T^''       Penalty  for  ]iar})Oring;  . . ...:.: , .  .,■... ., 1.") 

•'         Fctmilies  of.  not  entitled  to  distribntiftfl'of  sftlt. 1> 

t>lSTILLAT10N— 

Of  Peas  anrt  Potatoes  prohibited lt« 

Of  Molasses  and  Snc!:ar  prohibited IS) 

Peej«  of  Solicitors  in  prosecutions  for ''O^ 

To  slippref<s '  mnH  eftertnally 9h 

Governor  may  r^jacind  certain  contracts  for l;j8 

Permitted  certain  parties  for  manufacture  of  Oils. ....  Itil 

DISTRIBUTION  OF  EDUCATIONAL  FUND- 

In  counties  occnpied  by  the  enemy \0\ 

In  schools  in  Sumter  countv ,  17H 

DISTRIBUTION  OF  LAWS- 

To  provide  for,  of  extra  seR.'sion 27 

Appropriation  for ..:..;... 80 

DIVORCE  AND  MARRIAGE— 

Charles  W.  Oliver  authorized  to  marr}^ 33 

Lemons  Box  divorc<Hl  from  wile : 4S) 

Moses  .fones  divorced  from  wife 4U 

Eliza  Harris  relieved  from  disability 153 

Richard  T.  Starr  authorized  to  marry . .  ,'.■.' ,  .  173 

Jesse  B.  Todd  and  Marv  Todd  authorized  fco^arry. .  .  .  173 

Tax  on  in  Fayette  and  Morgan  rcpefiled 30 

DUELLING  OATiJ  ' 

Parties  relieved  from 150 

Edward  P.  Holcorabe  relieved 151 

EDUCATIONAL  FUND  - 

To  provide  for  distribution  of,  <fec 104 

Who  entitled  in  Sumter  county ^. .  .  173 

JSJECTMENT— 

To  authorize  action  of 58 


229 

ERRATUM— 

In  Act  to  amend  Revenue  laws,  sec  at  end  of  index. 
ESCHEAT— 

Right  (if  Stntf  to  in  rertnin  !;in(ls  tran*ff»rVetl '  iRl 

HSTATES— 

To  anthtirt/,r  utlmiiii,>tr;it'ir  ol  riii'iit  M''-iih.'    -    m.w    ; 

in  real  estate '2',) 

.Tiidp;i'  nf  Monroe  eonntv  to  act  in  s<^ttlcinont  of  estate  of 

n'enry  O.  A})ney .  . . ! .' 'W 

To  authorize  the  i'rol-rite  Court  of  Ciiambers  county  to 

act  in  estate  of  James  if.  Kennedy 'M 

In  Russell,  eouuty  mnke  publication  in  Columbus,  Ga..  .        81} 
Court  of  Autauga  county  ha'^  Tnri^'l'f'tioTi    o\^  f^ptatc  d' 

A.  B.Penick/. " 3:i 

K>;ecutorRof  John  1).  Catlinmay  invest  Treasury  notes 

authf)ri7:ed  Xo  )ie  received  in  payment  for  sales. til 

Special  administrators  allowed  in  certain  case? <>o 

Compensation  of  Judges  in  certoin  cases (>7 

Certain  division  of  estate  of  M.  E.  Murpiiree.  ....... .     135 

Jurisdiction  of  estate  of  Geora^e  N.  Lowis  r'^i<<'r>v<-r..i  ,-^,, 

Court  of  Bntler  (jounty. lot) 

IVobate  Court  of  Bibb  county  has  jurisdiction  ol  cstuie 

of  Wm.  Garner j.  .......  ••     1^7 

»  LanJs  of  estate  of  Eli  Parks,  may  sell  at  private  sale..      l^^T 

Estates  of  James  R.  Rrea/.eale  and  Sarah  K.  Rreazeale 

transferred  from  Lowndes  to  Dallas.   13S 

For  the  relief  of  heir's  of  Catharine  Baker 147 

Of  William  M.  .Smythe  rerrioved  from  Marengo  to  Dal- 
las county 155 

Administratoaof  Junwis  B.  King  authorized  to  sell  at 

privatf'  ^ale 15rt 

Of  Hardy  Abney  authorized  to  be  divided loli 

Of  William  T.  Smith  reraoved  from  Butler  to  Macon 

<ounty 157 

For  reliei"  of  heirs  of  John  Flood  McGrew 157 

For  relief  of  estate  of  0.  Mazange 158 

For  relief  of  administrator  of  William  Fitts 15ft 

Of  Cornelia  Steele  transferred  from  Butler  to  Monroe 

county 1 59 

For  relief  of  ndministrator  of  R.  B.  Pool IfiO 

EVIDENCE— 

In  illicit  trading  with  8lave> 63 

Of  accomplice«  in  misdemeanor 73 

EXECUTIONS— 

InnnOy  lien  and  return 5(> 


230- 


EJCRCUT10^\S— (Couihmed.j 

'    Division  of"  fce.s  up.qa,  best^'gien  levjiiig  and  > 

officer 

KXJICITTORS  AND.  A,I)MiNf,^TOA'i'<-^pS-- 
Suit  bron^i^lit  l»y  ibroigii,  r^ot  abated  or  ban- 
poiutmoul  of  residf'^^'* 


in: 


In  Russell  cmiiit; 

Georgia. . ,  „...>>...,.•  -  n-  -t  -  ••  • 
]\fay  receive  Confpdera ft''  Trciivn 

sold  by  tlieni . 
Special  ndinii]j.-l :  .  .  . 

EXEMPTION--- 

Oi  oertaiu  oixivv..;.-  wj  .:J..»iu  n'^iji  ,.-i,i.^. 
Of  Confederate  and  Railroad  employ 
Act  decliiring'  v.dio  ?}iaJl  bo  "exein ; 

To  amend  the  Exemption  Aet 

In  relation  to  the  ex(.'.mptio)x^r  riix;uic.u, 
Of  Citvt\-.liro  ^n^Firrh;..u"of  T^i^cjoo. 

or 

,.    Ai.,.^. 

r\Pl       ^^  officers  of  tlie* Penitentiary  fri 
KX^ORTATIGN  OF  tlOR]^—       ' 

To  repeal  ii\  part  tbe  An  i.i  v,  -nlafi. .  . .  ^ 
F^LSE  PRKTENOJS? 

,  ^0  prevent. imp ji 
If'AYliltTE  COUNTy- 


Coluuibuf 


pr.ij) 


Tax 


■  loo. 


ti9 

J 
21 

■.\k 

(').") 

4 
111 
12 
9() 
07 
08 

21 
'.n 

80 


Of  clerk  <>r  Oitv  CoUi'l.-.  inn\;iist'(l. 

Of  clerk  of  "Oircnit'Onnrf  in^Tca^su 

Of  eicrk  c)P  < 

^p' 'County  •;.,.„,    ,._,,.,,. 

'  'In  0hbctav\viiiid<^ltir!t>u  c-o'vijifetie: 

In  Clarke.  Olioctiu-.'       '  "'     '    ! 

Tn  ChinuberK  LHjnji' 

Oil  Coronei:.'^ 

Of  .Vailorr^   ': 
u 

Oi  Jnrcj! . 

or  .tnsticc^;  of  11. 
•■  •  u."  •  •  •     -{i 

Op  Jui5l3'K^  tip  Vior. 

Seals  and  certificates  ircc  ulCii. 
''For"keepinV  nionev  of 'e^'tates. 


(V8 


:!I 

21 

il'.i 
119 
CO 


231 

FEJfiS — (Cuuliimcl.t 

Op   JUDOKs   or    Pi;mi:  \  t 

Rt';'''';t'  :  w   ((luiit'.c.'       I  iU' 

\'i   •■ '  '  oimtv.  . ./..'.      \'.y.', 

in  (  l;i)  !%'■  i\iiiui  .  1:;:'. 

.   OfRo^'isl'V,.  in  Clw    ,  ,,' 

Of  NolMiic's  Tiihlic  ill  fMcbilo,  \  1S4>: 

Ot"  ■fe5horiltB.itici'oa«t;d- ,,.^,. dS 

^"      /   in  Clarkr  wjiiutv  iiK  ivuscd. .  ^:<8i 

^  40,, 

FEMME>  SOLii-^ 

Ellon  10.  r?n1.i,  ! 

PEXCKS— 

To  1)1-  T:; 

To  estitnn.- 11  yi:'ii;;Mu.M  1  .■  ;;•  j^iMia^'Oj,ui.'i  ITc 

VUlVj  COMPANIKS-- 

<;-  .  ^,  .  c! 

fii'j^oirtljojv  To  oxoiii  iiniiiliT.i;  U' 

FISH  ti 

•'•      A;  ,       ..      i(;:; 

^  ■  '       "  .  .  .  .         'ui' 

FKA 

Kwu(i  117 

gaming;^- 

Ao't.  to   }(r<'.veii  CJ 

T-<)  iwtM  ■  <i1-i(«.fj^  ill  ...      i:;ii 

-  ■      S<.   •  i:h 

(♦WST  > 
T 

^'  'ii>  '  '  ■     til  1^'  II. ;  ii  i     1  n  M  ill .  .  .  ■.       .  .  .......  „  I 

rroj)Ortv  8«i(l  I'V  (iuanliiiii  lusn  (.'bnfnd- 

■        '  ^  ■ r.  I 

H  • 

;  I  III       r.i) 


2S2 

HOSPITALS— 

To  pay  for  wot  k  ou  Iijsanu  Hospital 47 

To  discontiuiiu  at  Richmond ....*...; 91 

Additional  appropriation  for  Doat'  and  Dumb 104 

To  provide  tor  support  of  in.sane  couYicts  from  Peni- 
tentiary to  Insane  Hospital U)5 

Appropriation  to  Aid  Societies,  <fer 11:^ 

HUNTSVIIiLlP— 

Charter  ol"  uuienJed 174 

IDIOTS— 

To  provide  for  prosecuting  and  defend in;^*  suits  fpr  and 

against • , 25 

IMPRESSMENT- 

Probate  Judges  authorized   td   imp^res.**   provisiioiis  in 

certain  cases 26 

To  prevent  the   purcliase  or  impressment  of  property 

under  false  pretences .60 

INAUGURATION— 

Of  Governor,  to  pav  expenses  of r 'lli2r 

incorporations- 
Academies— 

Brundidge  Male  and  Female  Academy  incorporated .     210 
Cities  ind  towns — 

Amend  charter  city  of  Selma. •.     173 

Amend  charter  city  ef  Huntsville . .     174 

Grant   further   poweru   to    corporate   authorities   of  i;-)^^ 

Mobile 174 

Amend  charter  of  towns  of  Marion  and  Montevallo. .      175 

Amend  Act  to  incorporate  city  of  Montgomery 175 

Amendatory  of  Act  to  incorporate  the  «ity  of  Mont- 
gomery  ,.  .*,,;,. ,^.vv'.'* 176 

Amend  Act  to  repeal   Act  imposing  restrictions  oii-.r.v, 

City  Council  of  Montgomery ,v. 177 

Insurance —  '  • 

To  incorporate  Central  City  Insurance  Company'. . .  .     1S2 

To  amend  charter  Eufaula  Home  Insurance'. 185 

To  amend  charter  Eufaula  Marine  and  Fire  1t\6.  ... .    .1,86 

To  increase  capital  stock  Woodville  Insurance.*.,  .;,"j.     18ft 
To  increase  capital  stock   Selma  ln.«iurance  and  Trust'/,  ,i-  r 
Co.,  and  Planters'  and  ^rcrchants'  Insurance  Co...  .   X^J 

To  incorporate  Factors' and  Grocprs' Marine  and  Fire 

Insurance  of  Mobile '. ': .  .■',     187 

Mani;kacturing  and  Mining — 
(Incorporating  Montevallo  Coal  Mining  Company. .  .  .      lid 
Incorporating  Mobile  and  Selma  Coal  Mining  Co. . . ,     U»4 
Incorporating  Cahaba  Iron  and  Coal  Mining  Co 196 


233 


.  INfgORPORATlONS— (Qoi^tiuued.) 

•J.      Manufacturing  and  3(^ing — 

^*'  liicori)oratiii2:  CalV-^'it-  "-on  W<ul\.- 


107 

S(i                Works :.  199 

''               Monl^umery  llolliug  Mills 200 

Oaktu.sla'C  Manufacturing  and  Miiiin.2;  Company  in- 

corpurutod 202 

Dallas  Oil  Wor'li:    incorporated 20;i 

Railroads 

Tncorporai.iv  -»-..>  and  Cahul),*  River  Railroad  C<»..  ;14 
To  provide  for  loration,  «S:c.,  of  land  hold  in  i*6inTnon 

bv  Railroad  conipames. ,  ,  .\  .''... .  l05 

To  rtMjuiro   Raihoad  comjjani<':    li»  keep  Water 'ahtl 

lights  on  their  trains 104 

For  relief  of  Western  Railroad  Company 142 

*;              Amend  Abt  to  incorporate  Girard  Railroad  Company  178 
'                Authorize  construetton  of  branch   Railroad   hy  Alu- 

batna  and  Tennes.s(>c  Rivers  Railroad.* 179 

Authori:^e   M     '     :     ly    Mining-  and   Manufacturing 

Company  i                ;ict  railways',  ^^c ■.{ .  181 

Ml^CELLANK'  ' 

Amend    'i   :  UalMin.^    1»iic<l   'rraik-   and  Ex- 

ciiaii-f  Company 4H 

Ikoliof  of  Gas  Light   Company    '^'"  i^'^biiM    Mnd  other 
•f  Cas  companies............  ...».       48 

•^  Fa>t  Freight  Forwjifdlhg   Company  ii)((iri  '     ..      205 

INDICEXT  FAATTLTFS—  '    . 

T..  -dt  and  Cotton  Yarn ^  h^ 

Oi  ■-  /'Ikrs), 

tNTERES'i  — 

On  Jnd   ni,  Mi>,  Kud  Executio'tis 50 

On  for.  t  of  State  provided  for i .     102 

JACKSON  i:<a  SfY— 

Fund  for  indigent  families  of  soldiers,  draAvn 114 

J^ILS—'    ■  ''-      '  ■■     '        '' 

Of  the  ^tutc  may  bo  used  for  keeping  deBcrters. IT) 

JAILORS^ 

To  inorcaKe  fbes  for  ▼i(tn>4l!ni'v  nrlsf>iii'r>; J  1 

To  increase  the  fee  A9 

II  LM-PT>cov  roUNTY^ 

^  J  of  the  Code  amended  as  to 138 

T.  ■      ■  •  n- in 152 

.701  XT  b  VNT)  MEMORIAL-- 

To  rt  of  ind  ni 

h-  -LI ' 60 

in  relation  to  tncroaso  of  the  Arraj 61 

80 


234 

JOINT  RESOLUTIONS  AND  MEMORIAL— (Continued.) 

In  relation  to  the  war jjfljfe, .% 52 

For  the  purchase  of  ytatiuueiWfcud  Tucl 53 

To  procure  pjissaj^e  ot"  a  lawWaying  for  horses  lost  in 

the  war T- So 

Act  more  fully  to  oxphiin  Joint  Resolutions  in  relation 

to  Ahibania  VolunU^ens,  tfec , 92 

Memorial   for  the  relief  pf  ,ii6tli  Begimeijt  Alabama 

Volunteers  ...../.  .1.  l.:',  T.'. .......,.<.     212 

Donating  a  section  of  land  and  a  Gold  Medal  to  Mis?^ 

Emma  Sansom,  of  Cherokee  county,  in  consideration 

of  public  services  londered  by  her 21^ 

Directing   Commisaionor  of  Public  Lands  to   withhold 

patents  in  certain  cases 214 

For  the  purchase  ol'  stationery  and  fuel 214 

Appointing  a  day  of  fasting,  humiliation  and  prayer. .  ,     215 

In  relation  to  the  steamer  Florida. , ,,. . ...     216 

To  secure  the  pasyage  of  a^layv  exempli ug  certain  per- 
sons from  payment  of  Confederate  "  tax  in  kind.".  , .      210 
To  exempt  from  the  payment  of  the   tax  in  kind,  tho-^e 

whose  support  is  derived  from  white  labor  alone ....      217 
In  testimony  of  the  wisdom  and  patriotism  of  John  Gill 

Shorter,  Governor  of  tlie  State  ol  Alabama. 21 » 

In  respect  to  the  enforcement  of"  Hk-  .•/.n^.-ript   law  of 

the  Confederate  States 21.s 

In  relation  to  taxation  and  the  Conictiriau;  currency.  .      218 
In  relation  to  the  services  of  Gen.  Joseph  E.  Johnston,     21^ 

JUDGES  OF  probatp:—  .       ,  ,   .,, 

Protected  against  suits  for  money  cjoUcctcd  upon  tender 
made 58 

Authorized  to  appoint  clet-ks GO 

Required   to   make  certiticates  and  affix  county  ticals, 
fr«e  of  charge,  ipt'* certain  cases ...       OT 

To  increase  the  fees  of fn 

To  transfer  entries  into  tract  books  and  furnish  copiesi  . 

to  assessors , i lO'.l 

JUDGMENTS—  ^^ 

Acts  regulating  judicial  proceeding?it';r^pealed "jr. 

JUDICIAL  PROCEfit)INGS—  ;,; 

Suits  brought  by  foreign  administrators  not  abated  or 
barred  by  appointment  of  resident  administrators. . .        21 

For  th«  relief  of  securities  who  have  paid  moii.ey  for 
their  principals ••••.••  *.*  •  "•  •  *  '    '^'^ 

To  provide  for  prosecuting  and  defending  suits  for  pel- 
sons  of  unsound  mind.  * •■'^^fiii*  • ^^ 


235 

JlfniCIAIi  PROCEBpiNGS--(Contimied.) 

Acts^  repiilating  judicial  proceedinge  repealed fi6 

For  the.  protection  of  Attorneys,  Agents,  nnd  other  of- 
ficers in  this  State .S8 

To  aiitliorize  action  of  ejectment ftS 

To  enable:  married  women   the  more  effictnally  to   se- 
cure the'])rouerty  secured  to  them  by  th^  Code .'0 

Rejcisters  in  Chancery  authorized  to  take  forthcoming; 

bonds  in  certain  cases i)^ 

To  prevent  the  imprPSMuent  or  purchftge  of  property 

und^^r  fal-?e  pretences. . .  ^ ^0 

To  provide  ibr  the  maiulenance   of  civil   authority  and 

the  preservation  of  law  and  order 6f> 

To  secure  the  trial  of  slaves  under  indictment 61 

To  prevent  gaming-  in  this  State 02 

r^       To  prevent  illicit  trading;  with  slaves 6S 

'  '»W       To  secure  the  property  of  non-resident* fi4 

To  allow  J*i()l)ale  .Tudgep  to  appoint  Bpecial  adminif- 

trators  in  certain  cases. .    tvS 

.TUTORS— 

To  incron*o  llip  nnv  i,!'  69 

T,AXDS-T 

<^f  .<«olditMs  swld  I..1  i. lie--,  iiiiii- i(ii  i>MUMLiplion  extended       77, 
Of  alien  enemies  selpie^itered,  when  sold  for  taxes,  may 

be  redeemed  by  Ccmfederate  Stntes 77 

*«•'        Act  to  increase  the  price  of  certain   publie  landsl  re- 

pculcd  .•^nd  amended J*0 

Governor  authorizetl    to  leasf*  "jwiblie  Innd^  foi-  ceitnin 

puri>os<'..s  ...,..., A '1 

To  provide  for  fttfatidn   ana   pavtition    .i  •      iit-i>l  in 

^^  common  by  Railroad  companies ....].      1(M> 

^  '•'         E.  Shiver  ;t    ■      '  ■  .]  to  clinnjje  location  of. ........'..      l.')0 

^^  InteroKt  f»f  .  i-erlain  e.'fclie.ited.  relented  to  Berrv 

Driver.... *.      1«1 

T<')  dottete  rertrtin,    to    "^^'i•-■<    Kmi.ia    S'aUKOin    fv    lit  roic 

Hpr\'u'v»'. ,: ,  tin  218 

Dln'ctinp;  the   (Tnmi.n^  i.m..-i  ..i   i  Ki 

liobl  palentti  ill  c<»rtalii  <;aHe!» 214 

LANI>  OFFICE— 

♦  '«       AllotTOent'j  <o   Rnilrnad  <omf>anie«!  to  be  r-rrtified  to, 

iind  f  ..ner  to  issue  Pnt  106 

.•^lat(»  Ti  I.      kp  tr;ui'<fern-d  f..  10ft 

CorijiniHsioner  an«J  I.  i»d  Oertiti- 

•  c«to  to  bt-'- -,!    I,.,,,  ,..    :.i.    .  l.')7 

UCEXSBS- 

Of  di^tyier.-*  lo  be  certifiod  if»  County  t"  it-     .       98 


•  236 

TilCENSBS— (Continued,) 

Of  retailers  may  be  suspended  by  (roveriior 100 

LIEN—    ,       ^ 

Of  judgment  upon  property  of  defendant. '57 

LBfESTdNE  COUNTY— 

Fund  for  indigent  families  of  soldiers  in,  driuvn 117 

L.  R.  Davis  made  liner ' 152 

LINERS— 

Where  required  to  pay  taxos 2<) 

LOWNDES  COUNTy—       ' 

Judge  of,  allowed  to  record  certiain  pap^r VM) 

LUNATICS— ^.     ■■';■..■;'•;  ^   ,  /,...,'■'       ' 

f  To  provide  for  prosecuting  and  defending  .suitB  for  and 

against , .       '25 

MACON^COUNTY— 

For  the  relief  of  indigent  families  in 118 

Section  1748  of  Code  amended  as  to 138 

MADISON  COUNTY— 

Fund  for  indigent  families  drawn 110 

L.  R.  Davis  made  liner 152 

MARENGO  COUNTY— 

Transferred  to  middle  Chancery  Division 127 

To  increase  fees  of  Probate  Judge  in. I'M) 

Boundary  changed  to  make  N.  Y.  Alston  citizen  of. ...     161 
Boundary  changed  to  make  Lewis  Anderson  citizen  of 
Perry' »»>., . ... 152 

MARION—  '      'V     - 

Town  of;  charter  nnionded. .    176 

MARION  COUNTY- 

To  compensate  Comrnissioiiers,  tfcc.  in -M 

Fund  tor  indigent  families  drawn 117 

0i\^       Act  to  regulate  number  of  Grand  Jurors  iu.  repealed..     1(>5 
To  regulate  election  of  Commissioners  in ^i .     172 

MARRIED  WOMEN— 

j^o  enable  the  more  effectually  tq  s^^^uj"^,  tl^,  pjc^operty 

»fp  secured  to  them  by  the  Code ...,,,.,  ,^  ^*-«  ♦K«;*t».  •  •     -59 

MlREUGE  AND  DIVORCE— 

V  r  fSee  Divorce.) 

MARSHALL  COUNTY—  //J 

Fund  for  indigent  families,  drawn 114 

MEDICAL  BOARD-^ 

For  Militia   established 0 

MILITARY  AID  SOCIETIES-^  ,     • 

Appropriations  for 113 

MILITARY  CODE- 

Suspended, It 


287 

MILITARY  FUNDS— 

Autliorized  to  be  used  for  support  of  indigent  familiep; 

of  soldiers 85 

To  consolidate  unexpended  portion 90 

MILITARY  DEPARTMENT— 

To  regulate  settlement  of  accounts  in S«.> 

To  incrense  efficiovx-  "^  Quiirti>rniM«t«'r'"!J  dep;irtni<"iii. .  ST 

MILITIA- 

Act  to  re-orgcUii'/-<^ ^ 

Exemptions  from  duty  in 12 

Commandants  of,  to  driest  debJerters II 

Officers  of  to  aid  enrolling  officers  in  arrests,  «fec. 15 

May  be  ordered  from  one  county  to  another,  &r, 15 

Governor  t6  tcndtn*  for  provost  <luty , t>l 

Act  to  re-organize  amended 05 

Exemption  law  amended % 

In  ndation  to  exemption  of  Firemen  from S^l 

Firemen  of  TuKkaloosa.  included  in  exemption 08 

May  be  used  lo  snpiiress  distillation 09 

MILLS—" 

Tu  regulate  tolls  of 26 

Doctor  J.  S.  Hays  authorized  .to  erect  mill  dam  across 

Black  Wju-nov  'rivfr '.'..' 163 

MINORS— 

To  secure  estalGs  ol". 108 

To  remove  settlement  of  guardian  of  Julius  S.  Alford 

from  Pike  to  Montgomeiv  county T'.^'^ 

Charles    frhy   Mitchell  relieved  from  disability 154 

Lindsev  C.  wSpratling  relieved   from  disability 154 

A.  A.  BT'    ^        M  relieved  from  disability 155 

(^Lid  ^  <lian  o,ml   Ward. ) 

MISDEMEANOR^ 

,  1       Sections  '^?M\  and  3fi0(l  of  Code  amended 7:5 

MOP.ILi: 

Rcistiii  lions  un  sale  of  Corn  in,  removed 101 

(I,         Act  to  reduce, .Ac,  fees  of  Notaries  Public  repealed. .  135 

To  grant  further  powers  to  corporate  authorities  of .  .  .  174 

MOBILE  COUNTY— 

Boumlary  line  changed ,. 31 

Coiiiiiiissioncrs  authori/od  to  increase  salary  of  Jndge 

'      of  City  Court " 130 

Fof-  relief  of  poo:    in 141 

To  abolL^h  oiBc©  of  Auditor  of  Public  Accounts  in. . .'. .  164 

M0LA8SES— 

Distillati                '  ohiI)lt«d 19 


► 


238 

MONEY— 

Tax  on.. 75 

MONTEVALLO— 

'"         Town  of,   charter  amended v 175 

MONTGOMERY—. 

Act  incorporatingf  amended .^  .      175 

Amelidatory  of  Act  Tncorporating V.  r.V... 176 

Amending  Act  to  repeal  an  Act  impopiuf;  rcstrictioniiJ 
OH  City  Coimcil  of. 177 

MONTGOMERY  COUNTY— 

To  establish  Criminal  Court  for 121 

For  relief  of  Justice?  of  the  Penco  in 140 

MORTGAGES— 

'  On  propert)^  of  soldiers  affected  by  repeal  qf  " istay  hny/'      fift 

No  sale  under  when  tender  is  made,  ^c . . . .  .''.. .  . . . .'. .       5t 

MORGAN  COUNTY— 

Act  authorizing  tax    on  dogs  in,  repeal (hI HO 

Fund  for  indigent  fanqiili^a  drawn 117 

NON-RESIDENTS— 

To  preserve  property  of 1)4 

NITRE  AND  POTASH—  ' 

Goreinor  may  lease  publib  lirtftds  for  Mamiifacturc  of, . .       81 

OILS,  LUBRICATING^  ' '  *  ^ 

To    authorize'    di«fin.iliriii    friv    iii:i'iinrAr<ili"    of SO 

ORDINANCE— 

To  provide  f(  11   mh'  miiiui^x    M'-i-'i!:--,  <^''.,  amoiidcd.. .       87 

.  U  11  li  '  i.  .i  0(k 

ORDNANCE— 

Arms  to  1)*^  runuHliod  militia 10 

Ammuuilion  to  be  distributed 11 

Duties  of  officer  devolved  on  Quartermaster-General. .  89 

Moneys  expended  for,  how   charged. 00 

To  compensate'  A.  B.  ClitheraU  as  o'fficer ,. .  li;> 

Governor  authorized  lo  comi^en.'Aat^-  certain  contraelor^,  18^ 

OVERSEERS  OP  ROADS- 

Exemption  from  duty  on  roads  re]->eale«] 70 

To  provide  for  appbintm^tit  «>f, "I 

To  increase  the  dntirs  of. . 72 

May  serve  procf--   in   ■  crddn    rosc^ 72 

PARTITION— 

■"          Of  hinds  held   r,\   rJailvond'^'ompMiiii  - 105 

PAY— l^""-  .,      ' 

'  :^  JQa^mbfei-s  and  b'fticeVK  of  General  A  .^tinblyi'teeased  23 

Of  Door-keepers,  Clerks  and  Secretary 47 

.5;.      or  A.   13.  ClitheraU  n«  Or:hmn"oofTifcr 113 


'J'p 


()■) 


239 

PEAS—   >  >.t^.ru~ 

Dislillution  of  prdhibitea. .'. ." Ifl 

PENITENTIARY— 

To  amenfl  Act'  to  provide  for  re-organizatiou  of. ,    .  i'^ 

To  autliorizc  receipt  of  prisoners  from  otliev  Stnte,-..  ;',:: 

Section  3048  of  Code  repealed 7:; 

Exempting-  officers  of  from  conscription y  1 

Providing  tor  convicts  sent  to  InRane  Asylum lOf) 

To  provide  Avatcr  for HO 

PERRY  COUNTY— 

Section  1748  of  Code  amcuded  as  to ly.S 

Wnl.  A.'Iv'.so  nW  iiiiidc  (utizcn  of  T>a11;i.-- \;\\ 

!>'  make-  N.    V.     \]<io\\    ,ii 

■-'"'*'r" lol 

Lewis  Anderson  mu(Jo'citi/in  ^r. ^  I5.» 

PHYSICIANS—  ;       ^ 

To  1)0  paid  for  mcdiciuOc!  fnrhivln^d  indi^'cnt  i^^milics  oi" 

!-oldiorH s  ( 

PICKENS  COUNTY— 

A't  to  iitithorize  Justin.-;  ni'  th,    I'.  ,i.v 
scoria  of  i"'"U  ill    i-.>,,,.   i,-..i 
PIKE  COUNTY 

Act  for  the  leji'j!  oi   .oidiurii  J^mili'  PMi 

POffATOES—  ■ ■     ■      " 

T'     •  Distillation  of,  prohibited ]>) 

PRJN CJ PA  h  AND  SURETY— 

Art  for  relief  of  secnrities  .who  li.i\r  !i:;;d    Ac.  -'I 

PROFiTvS— 

On  ':>,'old,  -  uii 71 

PL'JiLlC  DEBT—  ■  V 

To  provide  for  payment  of  interest  ou  wn-(^\<j:u  'O' 

PUBLIC  LANDS—         '         :       ;• 

To  repeal  and  rtmend  Act  to  increaso  jm  i         i   i  *    {:ii  mi 

To  authorize  Governor  to  lense,   &c...  M 

■  Locations  of,  allotted  to   Railroad  cnni].,.M  -    ;     ,,    ir 

turned  to  Commissioner lOt^ 

State  Tract  Books  transfrrrcd  to  Comnr  109 

I  Tre.'pJissers  upon    r<^]ipvf>d ...'..;,  .      1;^*» 

E.  Shiver  antl  ->  entry  of ,  l.-.o 

Patents  and  CO '  •  to  heirs  of  .Tolw 

McGrew • 1  .-,7 

Patents  to  be  withheld  i'    •  r.^;^i,i  ,  ..[I 

PUBLIC  PRINTER— 

Act  directing  the  biudin;^-  <i  <-.Ttain  copie>  o!   Aits  re 

pealed • ^        I07 

Act  to  provide  ibr  i^h'cii()ii  oi',  .id 


^40  ' 

QUARTERMASTER'S  DEPARTMENT—  ^         ''^'^^^ 

To  increase  efficiency  of. Hi 

RECORD,  ARMY—      ^    ', 

To  provide  lor   making U2 

RELIEF  ACTS— 

Ellen  E.  Robinson  and  Elizabeth  Main 44 

Charles  A.  Toney 45 

Executors  of  John  D.  Catlin 4o 

Wiley  J.  Coleman,   Tax  Collector 45, 

P.  M.  Frazier  and  P.  xV.  Brandon 40* 

William  B.  Robinson 47 

Gas  Light  Co.  of  Selma,  and  other  Gas  companioji,  ...  48 

Dickson,  Nelson  <fe  Co.,  and  L..G.  Sturdivant .  .  . .  l'd\) 

Jeremiah  Fail 142 

Western  Raift'oad  Compa,ny. 142 

H.  P.  Watson 143 

Robert  Z.  Barlow,  Tax  Collector 143, 

Tax  Collector  of  Calhoun  county 144 

S.  B.  Harmon,  Tux  CoUectoi- . /. 144 

AVilliam  Hulsey,     '    '    "  145 

T.  C.  GreenhiU,  •  145 

John  Mosley,  "  l45 

James  P.  Bqs^gan,  jr.,  " .^i4G 

Stephen  Gipsou t;ilj 

Virginia  Matthews 147 

Heirs  of  Catharine  Baker 147 

Wiley  Glover 14y 

Duncan  Findley 149 

E.  Shiver..,  ....*. 150 

Boykin  Gold^by  and  others 150 

Edward  P.   Holcombe 151 

Wm.  A.  Rose 151 

N.  Y.  Alston 151 

L.  R.^Davis 152. 

Lewis  Anderson 152 

Lfl||wia  Dolive  and  Alexander  Dolive 152 

Eliza  Jane  Harris , .  153 

M?Si  Jane  Kirk. 153 

T.  B.   Bethea 153 

Chages  Irby  Mitchell 154 

LiudSey  GL  Spratling. .  ^, .  . .  .■ 154 

Algernon  A.  Henderbon 155 

James  M.  Calhoun 155 

Wjlliam  S.  Knox 15f> 

ijjtrs  of  Hardy  Abney 1 56 

Estate  of  William  T.  Smith 157 


RELIEF  ACTS— (Continued.)  :^^'^^''^ 

Heirs,  JS^c.  of  John  Flood  Mt'Grew ;  157 

Estate  of  0.  Mazango 158 

Samuel  A.  Fitts,  administrator 159 

Heiri*  of  Coniolia  Steele! 159 

Williuni  M.  SoTden,  triratee '.  160 

Adnli'nisirators  of  K.'B.  PooJ ^. 160 

Berrv  Dvivef." . ." ." , f ^.V.'j.; 161 

IMPORTS' OF  SUPREME  COURT- 

To  iiioretise  compensution  for  printiiii^- 32 

, ,     To  amend  the  Ifiw  in  relj^tion  to  printing,  A                 ' .  .  40 

UETAILERS—       '      ;  ' 

.     Governor  authorized  to  suspend  Ucease,  <fc  ■ 1(H) 

RlijVENUE  LAWS— 

To  amend  an  Act  t6'  aiiiend 18 

To  repeal  portion  requiring  schedule,  <fcc. ..  .^ 19 

Tales  of  liners  where  to  be  paid...,...,...,.,,,.,...,.  20 
To  amend  Revenue  Law?..  .....■.','.*. '.I  .'.'1 .'.  .'..'V|^'i;w^l^.    74, 

For  relief  of  counties  overrun  by  the  enemy-..  .  .  ,..*,,  75 

Time  extended  to  ■  C^olTectoi's 76 

Providing  to  refund  ta^ie^  overpaid 76 

Time  for  redemption  of  real  estate  of  soldiers  sold  for 

taxes  extended. 77 

To  authorize  redemption  of  lauds  pf  allt^n  enemies,  &c.  77 
For  '*  Erratiun"  oh  page  18,  see  at  end  of  Index. 

ROADS—  _  ,  J 

Age  of  hand?  aitid  "ovefsfeets  extehdl^Id . '. . .' 16 

Exempticnof  overseers  repealed. 70 

To  provide  for  appointment  of  overseer's,  it*.  .......  71 

To  increase  duties  of  overseers 72 

To  authorize  overseers  to  serve  process,  &c 72 

To  authorize  Franklin  C.  Plnkston  to  erect  a  gate  m  i  u^> 

the  "  Ray  Road"  in  Montgomery  county 164 

To  attach  the  road  leading  from  western  boundary  of 
Adams   street   in   the  city  of  Montgomery  to  Iiin« 

Creek  road ; ..,.'. . .   178 

RAILROADS— 

To  pvovnde  for  partition  of  lands  held  by  two  nr  more..  105 

Required  to  keep  lights  and  water  ow  1 1  uius 106 

RUSSELL  COUNTY— 

Executors,  kc,  in,  may  make  publication  !n  paper  in 

Columbus,  Georgia H3 

Transferred  to  Southern  Chancery  Division 127 

-\.LT—  ■/    ^:.'";     ^     ^        '•    . ./ 

'     To  ip'rbvid^  for  the  indigent  families  pf  soldioi :;( 17 

To  provide  indigent  familiea  with  salt  and  cotton  yarn  83 
31  . 


•        242 

SALT — (Continued.)  /  t'p^^  a  ^'i(}{f^^ 

Quartermaster-General  cliarged  with  Uistribution,  dic-^    '  08 
To  amend  3rd  Section  of  Salt  Act  approved  December 

9th,  1862 .,;■ ;,  ,:.^. . 10(1 

For  protection  of  Artesian  Salt  Wells 101 

Jeremiah  Fail  allowed  to'cliargc  rent  tor  Wells 1-^2 

Commissioners' Court  of  Clarke,. county  authorized  to 

make f .......  1 ......... ., 162 

SALT  C0MMISS10NP]RS—     .^j  j«,  . 

Governor  may  remove  and  appoint 100 

SANSOM,  MISS  EMMA  - 

'  ^      Joint  Resolution  donating  land  and  gold  medal, 213 

SCHOOL  LANDS-  :  ^^ .  ,  ,  I..\v.,ii  r^. 

Patent  to  issue  to  Wiley  GtovenV. .'.'.' .  ."*^  '!'.''. 149 

Patent  to  issue  to  Duncan  Findley. 149 

SE  C URITIES— f'  /S'ee  Frincipcd  and  Surety,  y 
SELMA—  ■'  ■.  ■'         ■ 

To  amend  charter  of. 173 

SHERIFFS  - 

Protectefl  against  action   for   luoueys  collected  Avheu 

tender  is  made,  <fec. 58 

Fees  of,  increased 07 

Commissions  under  -stay  law  regulated* 68 

SHELBY  COUNTY—  ,,-.y,^ 

Sections  430,  431,»432l  of  Code,  aiiiienaed  as  to 167 

SHINPLASTERS-  -^  '         ; 

Tax  law  of  1862  ,amend9^.^^,j;^,^,^j.j»^^jjy..  ^«., 18 

Tax  on ....,...',  V. '.....,.. ! .  . '.^ 75 

SOLDIERS,  INDIGENT  FAMILIES  OF— 

^.l.     To  contribute  to  support  of. .-. ,; 16 

!*'      To  provide  salt  for  . . . ... . .  . .' ,  . . ..,,       17 

To  authorize  Probate  Judges  to  impre,ss  prori^ion^,  fq^V      20 

.  ,   To  contribute  to  the  support  of .,. ........  .'^ . .'       81 

'  ''  To  amend  Act  to  conlripute  to  support  of 82 

Compensation  of  agents  for  distribution  to 84 

To  provide  for  paying  for  medicines  furnished  to .S4 

Military  and  Hospital  fund  authorized  to  beusrt^^tc 

meet  appropriations  for ............... .,, 85 

Matters  connected  with  support  of,  devolved  upoju^the; 

Quartermaster-General ..,..*..  .  * . .' » .       88 

Mrs.  Jane  Kirk  entitled  to  share  benefit  of  .Acts  for  re- 
lief of: ........:., 153 

SOLDIERS—  ;V^..' 

No  charge  to  bo  made  to.  Tor  certilicates  and  seals ....       67 
Time  extended  for  redemption  of  lands  of,  sold  for  taxes       77 


To  give  carpets, of, State  Capital  to. 


S^ 


i 


^43 

Arraj  Record  of  pervicfis,  &c.,  to  be  kopt 92 

For  relief  of  famines  of,  who  hftve.  died  in  the  service        93 
SLAA^ES—  ^^         .     , 

To  secure  trial  of  under  indictment f,i 

To  prevent  illicit  trading  with 63 

To  ijicreapo  f<^ea  for  appreheudinp;  't\Dd , committing  run- 

fiwav ' .'. ..  u't 

STAFF  OFFICIOS—  

0£  Governor,  liable  to  removal. . .  S7 

STATE  BONDS  -  .      

To  provide  for  the  issue  and  sale  of. i 7g 

To  meet  deficiencies  in  military  app;*opri^tions , .    '   fl4 

For  payment  of  foreign  interest. . . .!  \  ^/uy  .\^  . , .'  llll .  ,  103 
STATE  TRACT  BOOKS--  ^  '  ^•**'^' •*•*-*'  '^V*> 

Transferred  to'Land  Office  ....  ing 

STAY  LAW-^- 

Repealed -n 

3J'.  CLAIR  corxTV--    ^ ,w 

Fund  for  indic^euf  families  of  .soldiers  (trawn  115 

SUMTER  OOUNTV-  -  

Ollicer.s  allowed  incre*i.?e  of  fees  in   addition   to  speciid 
fee  bill. .    ^f^ 

Public  Si'hool   Law  amended  as  to 127 

SUPERINTENDF.NT  OF  ARMY  RECORDS       

To  be  a[)p»>iijted i»2 

TALIiA P0(  ).SA  Cf)UNTY— 

TranaCerred  to  Southern  (Jhanrery  Division 12*7 

^  AX^Ki^-f  Sec  Jfrvrn7(e  Lcncs-.j 
TRUSTEES^- 

Authori?^ed  to  receive  Confederate  Treasury  Notes  for 

pro|»er1v  sold  bv  them  aa  such k.i 

TREASl  Rf  N< )T1-:  ClIANGE  BILLS  

Appropriation  to  pay  for  preparation 78 

To  authorif^e  dofitructinn  of  mutilated *  «f)  lOS 

TrSKALOOSA  COINTV -..."i 

To  increase  the  per  diem  of  CommiBsioners,  Tax    Col- 
lectors and  T;i.\  Assf'f^sors,   in 134 

To  divide  into  four  Commissioncirs'  Districts.  17() 

UNIVERSITY  CORPH  

Of  Cadets  subject  to  order.s  of  Oovernor.  g 

VOLUNTKIORS'--  

,.  ^T  .'DL'i'^^'"'^'  '"*^  ^^^^^  '^^'"t  Resolutions  in  relation  to «>2 

\OHNTEER  COMPANIKS— 

>  Governor  authoriz/fsd  to  receive 9 

Governor  to  (;rp,ani'/,e . . , , .' ! !       "         • 


244  ' 

VOLUNTEER  COMPANIES— (Continued.) 

To  perform  provost  duty.,, . .  .^,  * .•  .  ^. .       61 

To   authorize  forination  '6^  'lii'  feret,  second,  and  third 

Congressional  Districts. j^^i  iJ'tJo 

WALKER  COUNTY—      ,^     ,  .  ^i^  ^ 

; '*         To  increase  the  nuiiiber  and  pa}-  of  Grand  and  Petit- 

Jurors  in  . . . ... , ......"..'., •  •  •  -  •  ••,.•.•  •  s*  •      1^*^ 

To  authorize  .  Cotirt  'tif  CJounty  Commissioners  td  levy, 

tax LTl 

•WASHINGTON  COUNTY— 

To  change  boundary  lino  of". ....... .'. .  .       -M 

For  relief  of  indigent  families  of  ijoldiens  in '10 

tv  ELLS,  ARTESIAN  SALT—  '  ^ 

For  the  protection  of: 101 

WlLCOX  COUNTY—                              ...  '- 

Transferred  to  Middle  Chanofeuy  Jpivisiion . .  * 127 

Witnesses—  ^     ''''^    "^' 

To  increase  the  pay  of.' 70 

YARN—  ;     '       :_ 

,  To  provide  indigent  families  with , ....       83 


ERRATUM. 

:0I  Ob  page  18,  last  line,  for  "  property"  read  "  papet*.'' 


NAMES  OF  SENATORS  AND  THEIR  POST  OFFICES. 

NAMES.  PI8TRTCTS.  TOST  OFFICES. 

Walkci\  T.  A.,  President. .  .  .Calhonii, tiackeonville. 

Taul,  Micjih,  Socn'tary . . . , , .  I  j!  '■      ' 
AfDr^'an,  Jolm  P.,  Ass.  Scc'y. 
M"Cullou;^h,  — ri«,  Door-kccpcr. 

Barnes,  W.  j^/f. , ,....,,...  Chambers, Charabers  C.  H. 

Bcesson,  C.  :G(H. ,.,,.,. Blount  and  St.  Clair,. .  Asbvillo. 

IJrodnax,  iS,.. »,l Clarke,  Baldwin  and 

../;-,,  Monroe, Sug;.ii:!?ville. 

Cato,'  L,  L Barbour. Eufanla. 

Clarke,  W.  E.. (irecne  and  Marengo.  .Dayton. 

Colemaji,  A.,4h-  ■\:'    ^'    '  ■  ■  Marion  and  Fayottc. . . Milliiort. 
Corajui,  .T.   1V^\  ...,.......^.  , .  .Limestone  (t  Morpm.  .Athens. 

Crit(!her,  Jamrp.. .',.,/. .....  Marshall  S:  DeKalb,. . .  Gunterfiville. 

Davis,  PcWitt  C ..,..',,.,. .  Coflee,  Conoeuh  and 

Covington Andalusia. 

Ervin,  R.  H Dallas  and  Wilcox Camden. 

Garrett,  Williaan Coosa Socapotoy. 

(Troco,  B.  W.,;... . . .  , .Talladega Mumford. 

Hammond,  F.= JL.. , . , Madison Marion. 

Harrison,  E..,v. .  .,.^.^^^.,... .  .Lowndes  and  Butler,. Montgomery. 

Hill,  J.  A ;; .  . .  / , Lawrence,   Walker 

(.,  and  Winston Jasper. 

Jacksonj  W.,  M Franklin  .*....* Tuscumbia. 

f  jigon,  R.  F Macon Tuskegee. 

Lewis,  J.  A Russell Columbus,  Ga. 

Matthews,  W.  D Tallapoosa. '. Youngeville. 

Moren,  E.  H..  .• Perry  and  Bibb Contreville. 

McCall,  D.  A^v Pike Perote. 

Payne,  J.  J.  W Pickens Yorkville. 

IVacock,  R.  P. Dale  and  Henry Skippcnsvillo. 

Porter,  M.  T Shelby  and  Jefferson.   Blyton. 

Powell,  E.  A Tuscaloosa Tuacalooaa. 

ReaviB,  Turnei,'. ............. Sumter,    Choctaw 

and  Washington.. .  .Gainesville. 

Rice,  S.  F Montgomery  and 

; ,  Autauga  .* Montgomery. 

Rice,  F Jackson Princeton. 

Stewart,  Jamos  W Lauderdale Florence. 

Toulmin,  T.  L.. Mobile Mobile. 

Wood,  W.  T Randolph Ohulafijiua. 


^    246 
NAMES  OP  REPRESENTATIVES  .vnd  THEIR  POST  OFFICES. 

NAMES.  COUNTIES.  POST  OFFICES. 

CJrcnshaw,  W.  H.,  Speaker.  .Butlor Maiiningham. 

Elmore,   Albert,  Clerk.  Moi)ts^omer3% 

Clitherall, '  AV  B.,  Ass.  Clerk. 

Henshaw,  F.,  Eng.  Clerk. 

Brundidge,  ]M[.,  Door-keeper. 

Armstrong,  H.  W Randolph. .  r , ,- ..  1:4 » i '.  Clmlafn-ma. 

Ashe,  G.  W St.  Clair. .  .':>:*^'.  ,».^^  .  .•'Brnuchvilie. 

Ash(«,  T.  P.. Washington St.  Stephen*. 

Aslmrst,  R Tallapoosa Tallassee. 

I  Atkinson,  Ben.. Pickens. Bridgeville. 

Barron,  'SI.  D Randolph Lonina.. 

Beard,  A Marshall Gnntersville. 

Bell,  E.. Dallas Bellview. 

Benners,   A. . . . . . ,    1  .  (Treene Greensboro. 

Bethea,   T.  "Bii .,. Montgomery Montgomery. 

Bishop,  W.  A.*; . . ,  , Tuskaloosa.' Tnskaloosa." 

Bradley,  J.  G..". . .    >Madiso^. Tluntsville. 

Brandon,  John Cherokee.. » Gmitersvill^. 

Brooks,  J.  R. Pik^  .■.^ Bnck  Horn. 

Bryan,  C.  .J. . .  .'.,..^  ,4;; ;';ij  K .  .INJafton  .' Tuskege(\ 

Bryers,  R.  B. ,  :•. ...........  ]]aldwin Teason. 

BrowB,   P.. . . .-,' Jaclcson liellfonte. 

,  Carlisle,  Vr.  WV. Pike .' Brundidge. 

Chambers,  W.''H Bafbonr.' Kiifanla. 

Chapman,  J.  H Perry. Marion. 

Charlton,  G.  Pi Morgan Somervill". 

Chisolm,  T.  lil-. Landerdfdo Florence. 

"Clarke,  J.. S..'T LvnvTence .Moulton. 

Cobb,  Alexander .^. .  Fayette Davis  Ctoek. 

Coleman,   Wilo'v .*. .  Greene EutfiAv.  "   ' 

Cooper,  T.  B.. ." GheCi'ikce. Centre. 

Cox,  AV.  R;.. Pike,  .': Brundidge. 

Cnmming',  Si'j; Monroe AFoiiroeville. 

Davis,  J.  AV. Bibb Cmitreville. 

Davis,  M.'  L... Marion i^ikevilie. 

Dawson,  N/M;'sR Dallas Sehna. 

Dent,  A.  A Tallapoo.^a imdleyvillc. 

Donnell','  <f .  \¥.  S Limestone'' Athen.s. 

Edwards,  Jeptha DeKalb!.' Dnek  Spfing. 

Ellis,  R..V: '.nc.'f . .  . .  . .- ......  Blonnt vBlonntsvillc. 

Evans,  J.  S.  .■..*' Chootaw , .  Bladon  Spring?!. 

Fannin,  A.  B;. Ma^on'. .'....    Tnskegee.'   ■■    " 

Foster,  J.  T'.  .1. ChoctnAv Butler. 

Franklin,  Q.  L.  € Da3e Newton. 


247 

NAMES  OF  REPBESENTATiVES  axi>  THEIR  POST  OFFICES. 

( (Jo'idinuod.j 

NAMBtv,  -  COUNTIES.  POST  0F1'ICK>. 

Gaiford,  S.  j^. .  :\  . . . ,/.. ......  i>i»tlvi'  • .'  k Greenville . 

(Gardner,  J,  T..', . .  i    ,  Piokoiisi .  i , ,  Rct'ortn. 

Gibson,  A.  M ',.'..  .Blount..,^ LBlountsviiie. 

Graves,  P.  T Lowiidvs if auack. 

Grcathousc,  E Tallapi^t^a Dade  villo. 

(Jroono,  Williaiti Coneculi Evor^^rceii. 

ilamcs,  \V".  M Calliuun JacksouViile.   >" 

Head,  J.  C... ,,, Macon  .  w Anburn. 

Hollcy,  A...  ..,,♦....., Covington Andallisia. 

Hollis,  D.  W..  ,i .......... .  Marion Moscow. 

Howard,  L...,. Autauga Mnlberty. 

Jlowell,  G.  AV Cherokoo. llowoirs  ii-ro.-^s 

'  Roads. 

Jones,  C.  VV Jjarbour Clayton. 

Kecuan,  J. Sbelby. Moutevallo. 

Kenuon,  H.  LM Dule ., ^ . , Wostvillo. 

Kilpatrick,  J.  Tf ......  .......  Clarke Grove  Hill. 

Lawler,  L.  W. . « .....••  Talladega ' Alpine. 

Leeper,  S Shelby Colymbiana. 

Lewi.^,  T.  P Tuscaloosa Tuscaloos^ 

Ligou,  A.  W Franklin Newberry. 

Magee,  Jacob Mobile ' Mobile. 

Malone,  G.  S DeK.ilb Lebanon. 

Manasco,  Joftn Walker Holly  Grove.  ^ 

May.  W.  S Lowndes Benton. 

Mitchell,  I).  B Russell Talbot. 

Modawcll,  W.  B Marengo McKinley. 

Moore,  John Wilcox Snow  Hill. 

Moore,  John  G Coflee Elba. 

Morrow,  John  C Jeflerson Elvton. 

Monlton,  C.  F Mobile Mobile. 

Mc Alexander,  A Lauderdale Florence. 

McCain,  T.  U.  T Coosa Wetuuipka. 

Mclnnis,  John Sunjter Sunitcrville. 

McClclhin,  J.  B Limestone Athens. 

McLemore,  J.  3 Chambers Chanibcrs  C.  II. 

Nisbct,  F,  A Russell .Oswitchec. 

Ogbourne,  W.  H Montgomery Montgomery. 

Orr,  A ..Frauklin  ..'. Pleasant  Site. 

Parish,  L Henry Abbeville. 

Parker,  C.  A Barl)our Mount  yVndrcw, 

Parker,  E.  S.  C Coosa Nixburg. 

Parsons,  L.  E ^ Tulladegl TaBadega. 


248 

NAMES  OP  REPRESENTATIVES  and  THETR  POST  OFFICES. 

( GontimiedJ 

NAMES.  OOUNTIES.  POSt'Olf^ICES. 

Price,  J.  L.. . ; Ftsrryj. Oniontown.     ^ 

Read,  E.  T Oalhonu Jacksonville. 

Robinson,    W .  H. Jackson BeWefohte. 

Ryan,  *  D.  T. Calhoun. JacksonVille. 

Scruggs,  J.  W Madison Hmitsyilh'. 

Seav,  J...- " Fayette Mud  Creek. 

Sims,  H : ^  .  .  .Tailadega -Talkdega, 

Sibley,  John Marshall (xuntersv-ille. 

Sykes,  F.  W.. Lawrence Courtland.      .   ; 

Taylor,  J.  T.. '.  .  .  . .  Mobile ; .  Mobile.         '  -*■! 

Towles,  J.  C. Chambers Chambers  C.  W 

Vai)sa«dt,  J, Coosa Rockford. 

Vincent,  W.  A Cherokee Cadsden. 

West,' A.  A... Taljapoosa County  l^ine. 

White,  Z.... ;. .  .Winston Littlesville. 

Williams,  Geoi-ge.  W Henr-y Abbeville. 

Wolff,  Samuel Mobile Mobil.'. 

Young,  J.  W. Jackson .Scottsboro. 


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vi* 


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